Tamil Nadu - Chennai   

Mediation process needs to be endorsed by Judges, people

CHENNAI: Mediation process needs endorsement from Judges and people, Justice Cyriac Joseph, Supreme Court Judge, said here on Saturday.

Speaking at the Madras High Court on ‘Mediation’, organised by the Tamil Nadu Mediation and Conciliation Centre (TNMCC), Mr. Justice Joseph said Judges should have the conviction that mediation would benefit litigants and people. Only then would the common man understand mediation as an alternative mechanism for redress of dispute and opt for it.

Sharing his experience in creating a Mediation and Reconciliation Centre in Bangalore at the Karnataka High Court, Mr. Justice Joseph said this was done at a cost of Rs.20 crore with the support and cooperation of other judges, magistrates, judicial officers, lawyers and advocates. As the project was declared as that of the Karnataka High Court, everyone, including the litigant public, supported it. It was the cumulative effect of everyone’s participation. Within a year, tremendous progress was achieved in the Karnataka High Court, Mr. Justice Joseph said.

Talking about the large number of pending cases, Mr. Justice Joseph said about 25 per cent of posts in sub-ordinate courts were lying vacant all over the country. In some cases it was due to lack of infrastructure facilities, which delayed disposing of cases.

One should not forget other dispute redress mechanisms such as Lok Adalat, conciliation and arbitration. Adequate training should be provided to judicial officers to differentiate between dispute redress mechanisms, he said. Proper implementation of mediation process would help in reducing the burden of Judges.

Justice M. Jaichandren of the Madras High Court, who is a Member of the TNMCC, said the mediation centre in Karnataka had 13 halls and 62 trained mediators in the districts. More than 4,000 cases were referred to the centre, of which 2,000 plus cases were settled. In Tamil Nadu, the High Court had 200 trained mediators and 194 in the districts.

Justice K. Raviraja Pandian, Judge, Madras High Court and Member, TNMCC, said when Lok Adalat was introduced 25 years ago there was a lot of scepticism. Similarly, mediation was also opposed by a section of lawyers. A well conducted mediation would result in a miracle.

Justice F.M. Ibrahim Kalifulla, Judge, Madras High Court and Chairman, TNMCC; Justice V. Dhanapalan, Judge, Madras High Court and Member, TNMCC; and T. R. Mani, senior advocate, were among those who spoke.

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