During a lecture on mediation organized by the Supreme Court Bar Association, Justice P. S. Narasimha questioned the effectiveness of adversarial litigation as a system of dispute resolution in India. He emphasized that it is time to reevaluate whether the system has worked for the country over the past 70 years, citing the prolonged duration of resolving even simple issues such as property disputes or divorce cases.
Justice Narasimha proposed mediation as an alternative to adversarial litigation, stating that it would be a revolutionary change. He highlighted that while adversarial litigation may be useful for certain matters, such as interpreting the constitution or filing writ petitions against the state, it has not suited India for simpler issues such as family matters and contracts.
The judge further emphasized the importance of mediation in the legal profession and predicted that adversarial litigation will decline in the coming years. He even suggested that lawyers may have to take on the role of mediators. In mediation, the mediator's role is to listen to both parties and suggest ways to reach a resolution. This is different from litigation where the truth or facts drive the proceedings. Justice Narasimha believes that mediation has the potential to transform the legal system and provide a more efficient and satisfactory means of resolving disputes.
Justice P. S. Narasimha discussed the potential impact of the Mediation Bill during a recent lecture on mediation organized by the Supreme Court Bar Association. He highlighted a particular clause that requires parties to attempt mediation before filing a lawsuit and to provide a report on the success of the mediation.
The judge emphasized the importance of training lawyers to become competent mediators as the need for mediators is expected to increase significantly after the bill is passed. Justice Narasimha urged lawyers to take an active interest in mediation to ensure they are prepared for the changes that the Mediation Act will bring.
During his speech, Justice Narasimha also cautioned against blindly adopting western principles of mediation, emphasizing the need to evolve principles that are suitable for Indian culture and values.
The event was attended by several notable figures in the legal profession, including Sr. Adv. Pradeep Kumar Rai, Vice President of the SCBA, Anil Xavier, Chairman of the Asia Pacific Center for Arbitration, and Sr. Adv. Vikas Singh, President of the SCBA. The event concluded with a prize distribution ceremony for the Annual SCBA Cricket Tournament, followed by a vote of thanks delivered by Rohit Pandey, Joint Secretary of the SCBA.
TAGS: Supreme Court Bar Association Justice P. S. Narasimha mediation adversarial litigation dispute resolution India legal profession lawyers Mediation Act western principles Indian culture lawsuit report success competence training Asia Pacific Center for Arbitration Annual SCBA Cricket Tournament.
