Noting that the world today has realised arbitration and mediation are one of the most powerful tools to resolve disputes, the retired judge said the power of mediation is understated and has deep roots in ancient India and Indian society.
“Enforceability is a major concern of mediation. We have to focus on that. We have to create confidence and credibility and ensure that the end result must be fruitful,” he said.
“Mediators need to develop emotional intelligence and have the ability to communicate, conduct oneself, be spontaneous, possess the ability to build trust and understand the strained relationships,” he said.
“A shift in the mindset of the public to prefer mediation is one of the biggest challenges in mediation. Speedy settlement of disputes is the need of the hour. Bringing in the shift is only possible when the government, judiciary and advocates come together. Legal practitioners must suggest mediation as an effective mode of dispute resolution,” Ramana said, according to the release.
Supreme Court Judge Justice Hima Kohli said as a mode of Alternate Dispute Resolution (ADR), mediation helps to reduce the caseload burden on courts. It contributes towards the financial and commercial growth of the country.
Justice Kohli said Australia, Singapore and Italy have standalone laws on Mediation. “But there is a legislative vacuum in India, which is going to be filled up soon with the Ministry of Law having drafted the Mediation Bill, 2021 that seeks to promote mediation, particularly institutional mediation, and provides a mechanism for enforcing mediated settlement agreements,” she pointed out.
“Presently, the Bill stands referred to the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, for discussion,” Justice Kohli added.
The mediator’s role is critical in facilitating effective communication between the parties involved and help them find mutually beneficial solutions. In the case of online mediation, mediators must adapt their skills to an online environment, including building rapport and establishing trust with the parties involved, Justice Kohli said.
She encouraged the inclusion of Mediation in the curriculum of Universities and Colleges in order to have trained mediators, the release added.
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