Justice K V Viswanathan, speaking at a seminar conducted by ‘Nivaaran-Mediators of the Supreme Court,’ underscored the pivotal role of mediation in alternative dispute resolution amid a burgeoning caseload, highlighting its transparency and efficacy in providing tangible relief.
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NEW DELHI: Last week(on Thursday), a seminar held by ‘Nivaaran-Mediators of the Supreme Court’, Justice K V Viswanathan has highlighted the significant role of mediation in the realm of alternative dispute resolution. His remarks are particularly pertinent as the judiciary contends with a substantial backlog of cases.
Mediation, as an alternative dispute resolution method, is a transparent process that has the potential to alleviate the backlog of cases and deliver tangible relief.”
-remarked Justice Viswanathan, emphasizing the tangible benefits that mediation can bring to the table.
The Mediation and Conciliation Project Committee of the Supreme Court delineates mediation as a voluntary and binding process.
In this framework, an impartial and neutral mediator assists the disputing parties in reaching a settlement.
“In lieu of mandating resolutions, mediation cultivates an environment conducive to amicable settlements.”
-the Committee explains, highlighting the collaborative nature of this approach.
Justice Viswanathan pointed out a significant mandate under the Commercial Courts Act, which requires that, with few exceptions, disputes must be resolved through mediation.
“Therefore, while mediation operates on a consensual basis, a mandatory condition such as this would significantly contribute to unclogging not just the courts but also providing tangible relief to the involved parties.”
-he stated, acknowledging the dual benefits of this mandate in alleviating court congestion and facilitating equitable resolutions.
Reflecting on the historical roots of mediation in India, Justice Viswanathan noted,
“The mechanism of mediation existed in the country prior to the British colonial era.”
He expressed confidence in the resurgence of mediation as a preferred method of dispute resolution, contingent upon increased public awareness of its advantages.
Addressing the disputes, Justice Viswanathan highlighted the concept of “integrated mediation,” which combines the expertise of a counsellor and a psychiatrist, ensuring full confidentiality.
“Mediation is confidential, trustworthy, and transparent. It’s a consensual process that leads to settlements, ensuring integrity.”
– he elaborated, pointing out the holistic approach of integrated mediation in addressing the multifaceted nature of disputes.
The urgency of adopting mediation is emphasized by the staggering number of pending cases across various levels of the judiciary.
Justice Viswanathan revealed-
“Approximately four to five crore cases were pending in trial courts nationwide, while the combined figures for the high courts ranged from 56 to 60 lakh.”
He reassured that the Supreme Court is actively addressing its share of pendency, which fluctuates around 77,000 to 80,000 cases.
In his concluding remarks, Justice Viswanathan advocated for the cultivation of a “mediation culture” in India.
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“The imperative need is for the establishment of a mediation culture within the country. Considering the prevailing circumstances, I am optimistic and extend my best wishes for the success of the mediation process.”
-he said, expressing optimism for the future of mediation in the country.
