Legal Experts says ADR is a potent weapon to address disputes that should be utilized to reduce the load on the courts and provide speedy redressal, said legal experts.
A mediation council of India is proposed like the Bar Council of India under the draft mediation Bill, said Justice MM Kumar, member of, the National Human Rights Commission (NHRC) at the valedictory session of a day-long event on the efficiency of ADR with a special focus on mediation organized by Bennett University on Saturday.
There would be a trained mediator with the Bar Council of India. In US and UK, there are companies who are only doing pre-litigation mediation,” said Justice Kumar, who is also a former president of National Company Law Tribunal (NCLT) and former Chief Justice of the Jammu and Kashmir high court.
“But there are a number of issues in the draft Bill, which need to be raised.” He urged the students of the university to write to the council for changes and suggestions to the Bill “The Bill must be in accordance with the pulse of our Society. A Lawyer has a very important role in guiding the litigants.
“We must keep an eye on what society we make law for I think sometimes we may overlook that. India is a very litigious society. People go for conflict for no reason,” said Salman Khurshid, senior advocate, Supreme Court of India, and former Union law minister.
Khurshid said that in India, something completely devoided of conflict could be turned into a conflict overnight “How something that doesn’t event figure remotely in the cognizance of people elsewhere in the world become a conflict in this country. Building a home, for instance, becomes conflict and that conflict can go to any extreme.”
Experts in the panel said arbitration, mediation, conciliation, and negotiations provided the best supplementary aid to the present legal system and were necessary, especially in India where a large number of cases were pending.
“There are many disputes that can be amicably settled between the parties. Non-lawyers can also be good mediators provided they have the quality,” said PK Malhotra, former Union law secretary. “One of the judges has commented that even if no cases are filed today, the disposal of 4.5 crore cases will take 100 years. We have 18-20 judges for a million population, so the pressure on judges is too much”.