Mediation with Conciliation to be a compulsory subject in Law Colleges from academic year 2020-2021: BCI

The Bar Council of India (BCI) has mandated that Mediation (with Conciliation) be taught as a compulsory subject in 3-year as well as 5-year LL.B degree course/s with effect from the Academic Session 2020- 2021. ."It is hereby notified that from the academic session 2020-2021, Mediation with Conciliation shall be a course component/ compulsory paper/subject for the pursuit of a LLB degree course, both for 3 years and 5 years Integrated courses, (both Honours and non Honours). It shall be aimed to provide training in practical skills apart from theory."BCI.In a letter addressed to all Universities issuing LLB degrees, the BCI informs that it was a letter from the Chief Justice of India, SA Bobde that had prompted BCI to make Mediation a compulsory subject. .CJI Bobde had expressed that the art of Mediation ought to be taught to LLB students as it would go a long way in reducing the backlog of cases. .In view of the same, the BCI proceeded to pass a resolution to this effect on August 2. .In its letter, BCI opines that amid the COVID-19 pandemic where physical hearings have come to a standstill, mediation has emerged as a tool for conflict resolution.."Mediation and Conciliation have been seen to lead to resolutions without undergoing arduous trials and moreover resolutions/solutions are arrived at, at a relatively lesser time", reads the BCI letter. .Students of LL.B and Lawyers should be properly trained in the art of Mediation and Conciliation to understand its true benefits, says the BCI letter, so that, "this will be looked upon more as an option instead of filing suits/cases straight away.".This could pave the way for great reform in the Indian Legal System, which will lead to a reduction in the burden on courts through the quick and efficacious resolution of the conflict between parties, the BCI notes..It would catalyze the blending of judicial and non-judicial dispute resolution mechanisms and bring mediation to the centre of the Indian Judicial System, opines the BCI. .Another important aspect pointed out by the BCI is that even teachers for such programs must be adequately trained. The qualification for such teachers would be decided shortly, the BCI letter says. .It adds that for the present, applications may be invited from the lawyers having at least 10 years of practice with theoretical knowledge and practical experience and from persons having 2- year LL.M Degrees in these subjects. .The letter further states that training would also be introduced by BCI and that later, such certificate/ Diploma holders would be preferred as teachers for such subjects. .A syllabus and weekly course schedule for a 45 hour Mediation component with Conciliation has also been outlined in the letter. .[Read letter here]