Saturday, June 27, 2009

Mediation can transform legal landscape: Balakrishnan

27 June : Saying that alternative methods of dispute resolution such as mediation can transform legal landscape, Chief Justice of India K G Balakrishnan on Saturday asked the judges to play an active role in suggesting solutions to the parties.

Justice Balakrishnan was addressing the first batch of fifty judicial officers who would be doing a refresher course at Maharashtra Judicial Academy and Indian Mediation Centre, which was inaugurated by President Pratibha Patil at Uttan.

Observing that judges must go beyond a mere dispute resolution, he said, judges are now required to take a pro-active approach in suggesting solutions than waiting for parties and counsels to come up with it.

"Such a proactive approach would be far more effective," he said.The philosophy of resolving dispute in the spirit of compromise needs to be promoted, the CJI said.Methods of alternative dispute resolution such as mediation and commercial arbitration have the potential of transferring the legal landscape, he added.

In many cases, judges must be willing to go beyond legalistic approach and understand the social realities surrounding the case, he said.Judicial academies are important from the point of view of improving quality of justice, he said.

Apart from receiving training in advanced technologies of court management, judges get to meet their colleagues and discuss at such academies, he noted.For the purpose of making justice more accessible to the weaker sections of society, setting up wide network of mediation centres would be useful, he said.
--
By :  News Team

No comments: