Law Minister Shri Ravi Shankar Prasad stated that,"To make mediation successful in India we have to think out of the box and unless we address this challenge we will not be able to make mediation a part of Indian Justice Delivery System".
Touching upon the pressing times created by the COVID-19 pandemic, Shri Ravi Shankar Prasad said that "these times have not been created by us but its consequences have to be handled by us."
Law Minister Ravi Shankar Prasad was delivering Chief Guest lecture in the Inaugral Ceremony at 2nd International Conference on Mediation which is being held from 22nd to 24th April 2021, organized by Law Centre-II, Faculty of Law, University of Delhi in association with Samadha: Delhi High Court Mediation Centre and Delhi School of Public Policy and Governance, Institution of Eminence, University of Delhi under the Action Research by Department of Justice, Ministry of Law and Justice, Govt. of India.
LatestLaws.com is proud Media Partner for the event.
Law Minister Ravi Shankar Prasad stated that,"We have elaborate provisions in law but there must be proper balance with legal architecture on the ground. There is need to reflect what has been the result of various mediation proceedings and provisions which are enacted. If I see data available one area which has shown some progress in my opinion is in matrimonial disputes, particularly in Delhi High Court and Delhi Courts which have played a very crucial role. It is mind-boggling for me as a Law Minister that why should matrimonial dispute stagger for so long for maintenance and other issues, if they cannot live together why can't there be a flexible solution for a divorce to bring the suffering to a close."
He stated that,"these questions mad me and I am therefore flagging these concerns today. We need to reflect upon these issues so that we can find a very robust solution".
"Let's take case of National Legal Services Authority Act. There is proper provision for mediation there as well and try to also know what has been the result of these efforts. In terms of statistics they are impressive but when I try to know the quality of disputes being brought to close by mediation I would say I am not very impressed.If you see that Legal Services Authority Act there is a provision for public services and most of the Lok Adalat are settling the issues of mediation of grievances related to public services, for example, electricity bill, motor vehicle claim etc", Prasad added.
Throwing some lights on the statistics, Shri Ravi Shankar stated that from April 2019 to March 2020 total number of cases settled through mediation are 94,865 and he said that he was very impressed when he saw that more than 5,096 judicial officers acted as mediators whereas lawyers who acted as mediators were 8,249 and other mediators were 2,881.
He said, "I am happy about it, but this will make sense only when quality of dispute is more substantial in nature, except relating to just Public Service grievances or petty crimes."
He further stated that main challenge for us in ensuring the success of mediation is how can disputes of importance and significance and disputes which touch the core of a justice system are settled through mediation.
He therefore said that we need to reflect very honestly and seriously that despite mandate of Section 9 CPC and a number of laws stipulating the mandatory provision for dispute settlement through mediation, they have not given us the desired results.
The Law Minister further shared that "recently you must have noticed that we have enlarged the ambit of commercial dispute cases and for dispute upto rupees 3 lacs you need to get the matter referred to a commercial Court system. When this law was being made I insisted that we make it mandatory to have mediation and since we have a very robust mechanism of mediators under the NALSA Act. I suggested it to be used for settlement of these disputes as well, and unless there is need for interim measure you are obliged to go to the office of mediation."
Mr Shankar said that there is reluctance to go for mediation in India. To make mediation successful in India we have to think out of the box and unless we address this challenge we will not be able to make mediation a part of India justice delivery system.
What the Law Minister proposed to do is grading of Arbitral Institutions of India on how they are performing. This grading would be done by the Arbitral Council of India. It is on the basis of this grading that the Courts would refer the cases to these institutions.
Mr Ravi Shankar Prasad stressed on importance of having institutional arbitration in India. He stated that at present there are only around 39-40 arbitral Institutions in India.
"I would have been happy had there been around 400 arbitral institutions at present in India," he added.
He said that he and the Prime Minister of India Mr Narendra Modi are very keen that India must become a hub of international arbitration.
He added that mediation centres should also be developed along with arbitral institutions as it would prove to be a great boost for mediation in India. He also said that they are working on a separate dedicated law for mediation.
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