Madras HC CJ bets on mediation for dispute resolution

Chennai, Feb 23 (UNI) Madras High Court Chief Justice A P Shah has said an increase in number of judges or tribunals would only increase litigation and it was high time to adopt mediation as an alternative mode of dispute resolution.

Mr Justice Shah, who was the chief guest at the book release function of 'Settle for More - The Why, How and When of Mediation' authored by senior advocate Sriram Panchu, yesterday said the promise of speedy disposal was illusory if the adversary mode -litigation - was the only way to settle disputes.

Mediation, which moved rival parties from 'positions' to 'interests' where they came to realise that their long term interests were actually the same despite their current positions being opposite, was the need of the hour.

Madras High Court's Centre for Mediation set up in 2005 had a 50 per cent success rate and more and more young lawyers wanted to be trained as mediators.

Training was already being imparted at Madras High Court and is beginning at the Madurai Bench today. The message had been taken to every district in the state and other places like Delhi, Kolkata and Allahabad.

Mediation had so far been the missing component of law practice, Mr Justice Shah said and lauded Mr Panchu for his pioneering efforts in this regard by first setting up his own Indian Centre for Mediation and then propounding the idea to former Madras High Court Chief Justice Markandey Katju who had made it a reality.

At the High Court now, Mr Justice Shah had ensured the passing of a full court resolution on the cases which were suitable for mediation and had made available all the court rooms for the mediation process after 1630 hrs, noted Mr Panchu.

The advocate, whose book had been brought out by East West Books (Madras), said his interest in mediation came about from his dissatisfaction with some parts of the profession.

Often, litigants were unhappy with the result. Even when they had won a case, they had actually lost. It was not that mediation did not use the law. It used the law strongly but with facility and skill, he added.

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