CJI for mediation to solve disputes

“We can have facilitative mediation in disputes in pricing of natural resources like the pricing of gas and oil which are complicated matter. Judges do not have expertise to deal with those matters. The judgments delivered by judges sometimes can hit the economy of the country which is not good,” he said.

“When such commercial matters come before us,entire world watches us. Therefore,in complicated commercial matters,facilitative mediation should be resorted to balance the economic interest and natural resources on one hand and on the other hand profit of corporates,” the CJI said.

He said the government,as the owner of natural resources,should select mediators who are experts in the particular sector in question.

The two-day conference has been organised jointly by the Mediation and Conciliation Project Committee of the Supreme Court and the Delhi High Court Mediation Monitoring Committee.

President Pratibha Patil,in her inaugural address,said mediation could evolve as an effective mode of settlement of disputes.

“This (mediation process) creates an opportunity to arrive at a win-win formula as mediation is built around a culture of give and take. When a dispute is resolved through this process,there is no winner or loser,for the parties agree to the solution whereas in litigation there is always a loser. This is a positive outcome,” the President pointed out.

Law Minister Salman Khurshid said mediation enjoys a success rate of 42 per cent and called for continued cooperation between the judiciary and the executive.

In his keynote address,Supreme Court judge,Justice Altamas Kabir,who is also the chairman of the National Legal Aid Services Authority (NALSA),said mediation was gaining momentum and greater recognition.