LEGAL EXPERTS called for promotion of alternative dispute resolution (ADR) mechanisms as a movement TO reduce the pendency of cases and speedy administration of justice. They also adopted a charter stressing the need for professional training in this filed, at an international workshop held here on Sunday.
“It is gratifying to note the progress of mediation especially in marital disputes. But there is no proper law for mediation as such. But despite there not being a proper law, the movement of mediation is catching up. At present, advocates are taking mediation as a side business. But now there is talk of a separate bar for mediation. Some sort of regular bar is necessary to take mediation and ADR to next level,” said BS Saluja, secretary general of International Centre for Alternative Dispute Resolution (ICRAD), New Delhi.
Saluja was making his remarks as chair of a technical session which was part of International Workshop on Alternative Disputes Resolution – Issues and Challenges. The one-day workshop was jointly organised by Legal Research Foundation (LRF), a Rajkot-based NGO, ICRAD, department of law of Saurasthra University, The Indian Society of International Laws and Indian Institute of Arbitration and Mediation, Kochi.
Rajan Pandey, senior advocate of Allahabad High Court said the mediation was the need of the hour. “It has to be promoted as a movement. Major cases of dispute pertain to marital discords. These disputes need to be resolved amicably and speedily to protect the fabric of our society. And to do this, mediation is the best way. Such disputes should be settled out of court via mediation,” said Pandey.
Incidentally, crores of cases are pending in courts of the countries and experts opined that ADR mechanisms like mediation, arbitration and Lok Adalats needed to be explored to bring the number down. In Gujarat alone, more than 22 lakh cases are pending.
Professor Vikas Gandhi of Gujarat National Law University said there was need to develop expertise in the area of ADR and said that professional training could go a long way. He urged law students to make a career in ADR saying it was a growing field. Jagdip Nanavati, principal of MN Law College, Patan said that harmonisation of international arbitration practices for speedy disposal of corporate disputes. Advocate Abhay Bhardwaj, who was recently nominated as member of National Law Commission highlighted emerging trends in ADR while Prof Kamlesh Joshipura, former vice-chancellor of Saurashtra University and chairman of LRF shared his views on emerging trends in negotiations.