The Chief Justice of india has called for legislation to make mediation a mandatory first step in dispute resolution. On Saturday, Chief Justice of India NV Ramana emphasised the necessity for a statute mandating mediation as the first stage in the dispute settlement process. "Mediation should be made a required first step in the resolution of all allowable disputes. This will help to promote mediation. Perhaps an omnibus statute is required in this area to fill the void ", he explained. The Chief Justice of India was speaking at the India-Singapore Mediation Summit, which was titled "Making Mediation Mainstream: Reflections from India and Singapore." Many Asian countries, including India, have a long and rich heritage of collaborative and peaceful dispute resolution, according to Chief Justice Ramana. Referring to the Mahabharata, an Indian epic that depicts an early attempt at mediation. In addition, the CJI stated that mediation has been profoundly ingrained in the Indian ethos for millennia. In India, disagreements have traditionally been settled by the community's chieftains or elders. Similarly, business conflicts were addressed by merchants, either through direct conversations or through merchant bodies, according to the CJI. CJI Ramana also objected strongly to the commonly publicised statistic that "pendency" in Indian courts had reached 45 million cases, which is interpreted as the Indian judiciary's inability to handle the case burden. This is being referred to as a ""The term pendency is used to refer to all matters that have not yet been disposed of, without any reference to how long the case has spent in the legal system," the CJI noted, "without any regard to how long the case has spent in the judicial system." This means that a case filed yesterday will be included in the pendency statistics. As a result, this isn't a good measure of how well or poorly a system is performing." "Apart from improving legal awareness, the National Legal Services Authority also encourages the settlement of disputes through ADR," the CJI said, highlighting the importance of Legal Service Authorities in alleviating the woes of the underprivileged parts of society and fostering ADR methods. The Lok Adalat (literally, People's Court) is one such system. He also urged Indian states to build strong ADR-friendly facilities. Telangana recently announced its intention to build a state-of-the-art ADR facility. This is a positive step, and I hope that more states would follow suit shortly, the CJI concluded.
Tags : #MEDIATION #INDIA #SINGAPORE #CJI NV RAMANA
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