We Have Suffered Enough With Adversarial Litigation, Mediation Is The Alternative: Justice P S Narasimha

Delivering a lecture on meditation organized by the Supreme Court Bar Association (SCBA), Supreme Court Judge Justice P. S. Narasimha stated that it is time to turn back and evaluate whether adversarial litigation as a system of dispute resolution has worked for India in the last 70 years. “Why should the system take so much time, when two brothers ask for partition of property, or when a husband and wife want a divorce? Why does it take 15-20 years? We should contemplate what is wrong in the system that we have adopted.”

Speaking on mediation as an alternative to adversarial litigation, Justice Narasimha said “Is there an alternative to adversarial litigation? The alternative that is going to come into place is going to be revolutionary. We have suffered enough with adversarial litigation. Adversarial litigation maybe useful for interpretation of the constitution or for writ petitions against the state. But for simple issues such as contracts, family matters etc. this method has not suited us.”

Justice Narasimha remarked that mediation was as important in the legal profession as litigation. According to him adversarial litigation is going to reduce in the coming years and there will be a time where lawyers will have to double up as mediators. He explained that the role of a mediator is completely different from the role of a litigator. Unlike in court proceedings, where one is propelled by the truth or facts, in mediation, the job of the mediator is to listen to the parties and think as they think and then suggest ways in which a resolution can be reached, he explained.

Speaking on the Mediation Bill, that is yet to be passed, Justice Narasimha stated that it was important to explore how the Act would change dispute resolution. “How is the Act going to affect us? There is a clause that says you cannot institute a suit without first going to mediation, and getting a report of whether it was successful or not.”

With the passing of the Mediation Act, the need for mediators will increase and lawyers need to prepared and train themselves Justice Narashimha suggested. “Once the Act comes into force, the need for mediators will increase multifold. So the question is where are the mediators? As lawyers are we to look for mediators elsewhere or are we to double up as mediators?” In this regard, Justice Narasimha advised lawyers to take interest in mediation and make sure they are competent to be mediators.

Justice Narasimha also warned that when it comes to mediation, we cannot blindly follow the principles followed in the west and that we must make sure that it adapts to India and its culture “We must evolve principles suitable for our land, our culture, not blindly follow what the west says”, he stated.

Sr. Adv. Pradeep Kumar Rai, Vice President of the SCBA delivered the welcome address for the event. Anil Xavier, Chairman of the Asia Pacific Center for Arbitration Sr. Adv. Vikas Singh, President of the SCBA also addressed the gathering. Rohit Pandey, Joint Secretary of SCBA delivered the vote of thanks

The lecture was followed by the prize distribution ceremony for the Annual SCBA Cricket Tournament.

Live updates of the event can be accessed here.

Catch the live streaming of the event here.