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Bombay HC Chief Justice stresses on mediation over arbitration to resolve legal disputes | Pune News
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Although Maharashtra alone has settled 25 percent of cases across India through mediation in just one year, stakeholders involved in the process need to change their mindset, said Chief Justice of Bombay High Court Devendra Kumar Upadhyaya during a Regional Conference on Mediation held at Ganesh Kala-Krida Manch in Pune on Saturday.
Speaking to the legal community in Maharashtra, including district judges and law students, the Chief Justice said due to the inefficacy of the traditional way in resolving cases, the Alternative Dispute Redressal Systems (ADRs) have evolved but is yet to be explored fully.
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“We as judges, advocates, and other stakeholder, involved in the redressal of cases, have a typical mindset. The mediation system to the ADR has not yet been explored to its full extent, despite the introduction of Section 89 of the Civil Procedure Code,” said Upadhaya.
He emphasized the first and foremost effort of every court should be to find out the elements of settlements that can be agreed upon by the parties using the full potential of Section 89 of the Civil Procedure Code (attempt to bring about resolution of disputes between parties, minimize costs and reduce the burden of the courts).
While differentiating between the process of arbitration and mediation, he said, “in arbitration, you have an adjudicator in the form of an arbitrator. In mediation, the mediator is never an adjudicator of the dispute and has to be the facilitator to make the parties come to terms. ” He urged all the preceding judicial officials to try mediation before embarking on the journey of resettling cases through the traditional process. He said unless there is no change in mindset, the movement of mediation won’t succeed.
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