BCI mandates Mediation with Conciliation will be compulsory subject in Law Colleges from Academic Year 2020-2021

In its Notice issued on Thursday, the Bar Council of India has mandated that Mediation (with Conciliation) will be a compulsory subject in 3-year as well as 5-year LL.B Degree Course/s with effect from the Academic Year 2020- 2021.

The Notice in this regard read:

"It is hereby notified that from the academic session 2020-2021, Mediation with Conciliation shall be a course component/ compulsory paper/subject for the pursuit of a LLB degree course, both for 3 years and 5 years Integrated courses, (both Honours and non Honours). It shall be aimed to provide training in practical skills apart from theory."

BCI has informed in the letter that it was a letter from the Chief Justice of India, SA Bobde that had prompted it to make this decision.

In the said letter, CJI Bobde had expressed that the art of Mediation ought to be taught to LLB students as it would go a long way in reducing the backlog of cases.

In view of the same, the BCI proceeded to pass a resolution to this effect on August 2.

BCI highlighted how mediation has emerged as a tool for conflict resolution.amid COVID-19 pandemic as due to precautionary reasons physical hearings are on a standstill.

In this regard, the letter read:

"Mediation and Conciliation have been seen to lead to resolutions without undergoing arduous trials and moreover resolutions/solutions are arrived at, at a relatively lesser time"

BCI has stressed on the proper training of sudents of LL.B and Lawyers in the art of Mediation and Conciliation to understand its true benefits, so that, 'this will be looked upon more as an option instead of filing suits/cases straight away.'

BENEFIT OF THE MOVE HIGHLIGHTED IN THE LETTER BY BCI:

-It could pave the way for great reform in the Indian Legal System, which will lead to a reduction in the burden on courts through the quick and efficacious resolution of the conflict between parties.

-It would catalyze the blending of judicial and non-judicial dispute resolution mechanisms and bring mediation to the centre of the Indian Judicial System.

One important aspect that BCI seems concerned of is of the training of teachers for such programs. The BCI states that they must be adequately trained and decision on qualification for such teachers would be taken shortly by it.

However in the present, applications may be invited from the Lawyers having at least 10 years of practice with theoretical knowledge and practical experience and from persons having 2- year LL.M Degrees in these subjects.

BCI is also keen to introduce training in mediation and that later, such Certificate/ Diploma holders would be preferred as teachers for such subjects.

The letter too outlines syllabus and weekly course schedule for a 45 hour Mediation component with Conciliation.

Read Letter Here: