Mediation needed in legal system

BANGALORE: At a time when India’s judicial system suffers from countless pending cases, legal mediation is being looked at as a favourable alternative to dispense justice. This call came from senior judges and legal experts at the second regional conference of southern states on mediation, organised by Bangalore Mediation Centre (BMC) on Sunday. Justice Dalveer Bhandari, Judge, Supreme Court of India and Chairman of Mediation  and Conciliation Project Committee (MCPC) opined that mediation had the potential to solve backlogging of court cases in the nation. “The number of cases pending in our courts suggests two things. One, people still have faith in the judiciary. Second, it shows our inability to deliver justice. I see mediation as an alternative dispute resolution method, which has worked in several other countries,” he said. As on March 31, more than 2 crore cases are pending in the subordinate courts, with 42.92 lakh pending in high courts and 56,383 pending in the Supreme Court.  Justice Dalveer added that with soaring costs involved in litigations, mediation had proved to become a preferred option for litigators. “The cost involved in court cases is frightening. People are not interested in the sophisticated court processes,” he said, adding that justice had become the prerogative of individual judges. “This will not occur in mediation process,” he said. Apart from solving backlogging of cases in courts, mediation was also said to improve relationships between the warring parties. “Mediation should not be looked from an arrears perspective. There is a deeper meaning to it. It helps improve human relationships. It is a peace-making process,” said Justice Cyriac Joseph, Judge, Supreme Court and member, MCPC. He added that mediation could be successful only when Chief Justices should have conviction in the mediation process.“All judges should make sure that at least their high court or state should implement mediation. Only then mediation will be a success,” he added. Applauding efforts of the BMC, Justice Vikramjit Sen, Acting Chief Justice, Karnataka HC, said that the city had a success rate of 63 per cent in mediation. “The success of mediation has not been disseminated to the public. There is no doubt that mediation is here to stay,” he said.