Courts should be last resort, only after exploring alternative dispute resolution: CJI NV Ramana

Chief Justice of India NV Ramana on Saturday advised disputing parties to treat litigation as a last resort, and to approach courts only after exploring alternate dispute resolution (ADR) methods such as arbitration, mediation and conciliation..The Chief Justice was speaking at the Curtain Raiser and Stakeholders' Conclave of The International Arbitration and Mediation Centre, Hyderabad at the Hyderabad International Convention Centre (HICC)..At the outset, CJI Ramana chose to retell a story from the Mahabharata. He pointed out an early attempt at mediation as a conflict resolution tool when Lord Krishna attempted to mediate between the Pandavas and Kauravas.“It may be worthwhile to recall that the failure of mediation led to disastrous consequences,” he cautioned..He noted that the reasons for conflict may be many, such as misunderstandings, ego issues, trust, greed, and even small differences. However, he assured that even big conflicts can be resolved with some effort in understanding one other and having the right attitude.“By right attitude, I mean we should leave aside our ego, emotions, impatience and embrace practicality. But once these conflicts enter a court, much gets lost in the practice and procedure.”.CJI NV Ramana found it important to point out some benefits of mediation and arbitration over traditional litigation, which are the preferred modes of dispute resolution. He stated that these reasons included fewer delays, lesser costs, more involvement of the parties in the process, greater party choice, more control, and a more comfortable environment for the parties.Additionally, he pointed out the following advantages to mediation: allows for settlements, ensures there is no winner or loser, far more control over the outcome, possibility of a continued relationship between parties after the dispute resolution process and greater options for choice of mediator with varied expertise, as there is no requirement for a legally-trained mediator..The CJI explained that despite the presence of some arbitration centres in India, Indian parties that enter into international arbitration often opt for arbitration centres outside the country. The setting up of the IAMC at Hyderabad will change this trend, he said.“This Centre is being established with the best infrastructure and the empaneling of internationally acclaimed arbitrators and mediators. Best practices from across the world are being taken into consideration to ensure efficient functioning of the Centre and for drafting of the rules. With a global perspective and an emphasis on quality, I can assure you that it would soon be comparable to Arbitral Institutions like SIAC.”.He concluded his address on a hopeful note, expressing his certainty that the Centre will be a boon for the arbitration and mediation landscape in India..[Read the CJI's entire speech]

Courts should be last resort, only after exploring alternative dispute resolution: CJI NV Ramana

Shagun Suryam

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