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“Mediation, a good alternative dispute resolution system”

Special Correspondent

CHENNAI: Whether litigation is increasing or decreasing, the time has come to seriously consider the applicability and advantages of the alternative dispute resolution mechanism in resolving disputes, S.B.Sinha, Judge of the Supreme Court, said on Friday.

Speaking at a mediation awareness and training programme, organised by the Tamil Nadu Mediation and Conciliation Centre (TNMCC), he emphasised that mediators in the mediation process should be innovators. They should have creativity in them. They should have several options for being presented to settle disputes. They should be aware of new possibilities and be open-minded.

Inaugurating the programme, R.V.Raveendran, another Judge of the Supreme Court, traced the origin of the ADR mechanism. Explaining the need and importance of the training programme, he said mediation was a cost-effective system. The essential ingredient of mediation was that the parties should volunteer for mediation. Mediation was flexible and non-adversarial. Another important ingredient for mediation was that the mediators should be qualified and experienced. Judges also should know which of the cases should be placed for mediation.

F.M.Ibrahim Kalifulla, Judge of the Madras High Court and Chairman, TNMCC, said that in mediation, the settlement process was far better than in other ADRs. He pointed out that unless one was clear about the concept one would not be able to work on it. With that in view, the training programme was organised.

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