Change in mindset needed for mediation to become widely adopted practice in country: SC judge

Panaji, Dec 27 (PTI) There must be a change in mindset and confidence must be built among the public at the grassroots level for mediation to become a widely adopted practice in the country, Justice A Amanullah of the Supreme Court said on Saturday.

Addressing the valedictory session of the two-day National Conference and Symposium organised by Bar Council of India (BCI) and BCI Trust at India International University of Legal Education and Research (IIULER) here, he observed that people often tend to mingle mediation with arbitration, though the two are fundamentally different.

A mediator cannot function with the mindset of an arbitrator, the SC judge asserted.

"Successful resolution of a dispute through the mediation process gives immense satisfaction to the mediator. People want to resolve disputes through mediation, as no one wishes for litigation or adversarial court processes to be carried forward across generations merely to reach a conclusion," he said.

Justice Amanullah said there should be no overlapping between mediation and the normal judicial system and the two should function in parallel.

Confidence must be built at the grassroots level that mediation serves not only the interests of the parties involved but also the national interest, he said.

He lauded initiatives such as the organisation of mediation seminars at IIULER, noting that over 11 hours of fruitful deliberations took place through panel discussions, policy roundtables, training programmes, and technical sessions.

While there are hurdles, the pursuit of expanding the scope of mediation should not wait for ideal conditions, the apex court judge opined.

Speaking at the valedictory session, Supreme Court Justice N Kotishwar Singh said India resolved disputes through conversation, conscience and community long before courts, statutes and even the word 'mediation' entered the legal vocabulary.

This valedictory moment served as an affirmation that justice in India has always been strongest when it seeks reconciliation without declaring a winner or a loser, he said.

"Mediation is not a concept being newly adopted, but wisdom being reclaimed," Justice Singh added.

Presenting the conference report, Bar Council of India Chairman Manan Kumar Mishra stated it effectively addressed the core aspects of mediation and conveyed a clear national message on its growing significance in the present-day context.

The event was attended Chief Justice of India Surya Kant, Goa Chief Minister Pramod Sawant, several judges of the SC and high courts, among others. PTI RPS BNM