The Hindu : Tamil Nadu News : “Encourage alternative dispute resolution”

Online edition of India's National Newspaper
Friday, Jun 29, 2007
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Tamil Nadu

Tamil Nadu

“Encourage alternative dispute resolution”

Special Correspondent

Number of pending cases attributed to shortage of judges

Need for national mediation policy stressed
Support of the former and present CJs lauded

CHENNAI: Mediation is fast catching up with a whole range of cases being referred. The alternative dispute resolution mechanism, which is gaining acceptance, will make rapid strides if Central and State Governments encourage it, said speakers at a training programme for lawyers here on Thursday.

Inaugurating the programme, N. Murali, Managing Director, The Hindu, attributed the huge number of cases pending in courts to the absence of adequate number of judges. Then there was the problem of acceptance by the parties concerned when justice was delivered. While increasing the number of judges might be an easy answer, it would only add to the number of cases.

He said the scenario brought the credibility of the legal system into question. Hence, a system that would be totally different should be considered. This called for a different mindset. The concept and mechanism of mediation was being widely practised.

The country witnessed conflicts of all kinds, Mr. Murali said. Mediation would stand society in good stead, by its approach and the way it worked. Calling for institutionalising mediation, he said the need of the hour was a national mediation policy. “In a few years time, mediation will be the predominant way of conflict resolution.”

Sriram Panchu, founder, Indian Centre for Mediation and Dispute Resolution (ICMDR) and organising secretary, Tamil Nadu Mediation and Conciliation Centre, Madras High Court, said that in the last two years, mediation had spread to other parts of the country. The success of mediation in Tamil Nadu was due to the tremendous support of the former Chief Justice, Markandeya Katju, and the present Chief Justice, A.P. Shah, he said.

Speaking on ‘Mediation: UK experience,’ Philip Bartle, QC Barrister, Littleton Chambers, London, said in his country, under the Civil Procedure Rules, all litigators were obliged to treat litigation as a last resort and not as a first reaction. In the past decade, mediation had gained wide acceptance. It was now an accepted part of litigation, in contrast to the situation 15 years ago. Chris Gibson, Director, South India, British Council, which organised the training along with the Indian Centre for Mediation and Dispute Resolution, Chennai, ADR Group, Bristol, a professional dispute resolution company in the U.K., said the programme was the first of its kind in India.

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