Supreme Court Judge Justice Ajay Rastogi Urges Lawyers To Undergo A Training Course In Mediation By Sparing Time

Supreme Court judge Justice Ajay Rastogi on Tuesday urged all advocates to undergo a training course in mediation by "sparing time" or even "sparing briefs", remarking that it would "change (their) lifestyle, (their) response to clients, (their) perception towards not just (themselves) but to the family also"

The bench of Justices Rastogi and Bela Trivedi was hearing a builder-homebuyers matter.

At the end of the hearing, Senior Advocate Parag Tripathi, who was appearing in the matter, ventured before the bench that all lawyers should look to mediation first, otherwise, everything easily becomes adversarial in litigation

At this, Justice Rastogi said, "Yes. Now I am going back to 2010- they were asking us that you all should also go for mediation. My first reaction was that we are in the system for last so many years, what kind of mediation is there....But I was wrong. Then I also joined mediation, the training mediation, by two officers here- one became a judge also later, I don't know if he is a judge today or not- Mr. Sudhir Jain. I have also participated in this mediation training myself. I find no difficulty in sharing that my own perception was changed"

Continuing, Justice Rastogi urged, "My request to the lawyers is, whosoever gets the opportunity to undergo this training course, wherever you get, by sparing time, by sparing your briefs also, sometime do it. It will change your lifestyle! It will change your own perception, not towards yourself but to the family also! And your response to clients will definitely be changed!"

Mr. Tripathi added, "My Lord is right! It actually changes the way you look at friends, family, everything! It gives a different perspective!"

Justice Rastogi: "All my judicial officers, in my state, in batches, I have sent them for training. All! I called those people there in my state, if not possible, I have sent the officers to other states in batches. But all officers are to undergo training"

Senior Advocate Gopal Sankaranarayanan, who was also appearing in the matter, advanced, "There is no doubt that we also have to all go through the training. But a lot of the training has to happen at the original levels. By the time it comes to the Supreme Court, when you have run clients and lawyers through the wringer for 20 years, trying to convince them that 'Look, let's sort it out' is a much tougher task. Mr. Nariman has said in his book that the spirit of accommodation is lost. He is right. All of us have to make that effort every time a case comes...."

At this, Justice Rastogi remarked, "By the time it has travelled to this Court, this man has undergone so much of mental stress and trauma that he may think that 'Alright, whatever is done in the past, forget about it, let's find out if something is possible'. That is why, in matrimonial matters, we are getting positive results in this mediation in the Supreme Court! And all matters which are travelling to this court in matrimonial cases must be atleast, the minimum time is 10 years!"

Case Title: Jai Prakash Associates Ltd. V. Jaypee Kasablanca Buyers Welfare Association