Inquire about mediation, courts should be the last resort: CJI to business


New Delhi, December 4th Chief Justice of India NV Ramana said Saturday that the business community should look into alternative dispute resolution mechanisms such as mediation, arbitration and arbitration to resolve disputes rather than going to court which should be the last resort.

Judge Ramana spoke at the Stakeholders Conclave at the International Arbitration and Mediation Center in Hyderabad. In business, disagreements should first be resolved through dialogue, and if that doesn’t work, the parties should look for people who can negotiate to resolve the problem. He said, “If that doesn’t work either, the only option is a lawsuit. My advice is that after more than 40 years in various roles in the legal profession, you need to keep the option of moving on “as a last resort in court.”

He added, “Only use this last resort after considering the option of ADR (alternative dispute resolution) arbitration, arbitration and arbitration. Arbitration and arbitration are efforts to restore a relationship. “

He said every day of our lives, “we face conflict – be it between family members or in our business or professional life”. Judge Ramana said no one could imagine a world without conflict. “Conflicts have a human face and it helps to be human in our approach to resolution. You have to have the foresight to look beyond the conflict, ”he said.

He said the most important factor in resolving disputes is having the right attitude. “

Judge Ramana gave various reasons for opting for mediation or arbitration over a traditional litigation and said the benefits are multiple: fewer delays, less costs, more choice of parties, more control, a more comfortable and friendly environment for the parties, etc.

Judge Ramana said despite the presence of some arbitration centers in India, Indian parties entering into an international arbitration agreement often choose an arbitration center outside of India, which is a huge cost. “The establishment of this International Center for Arbitration and Mediation in Hyderabad will change this trend in India. This center will be built with the best infrastructure and the involvement of internationally recognized arbitrators and mediators, ”he added.

Judge Ramana said the great Indian epic Mahabharata was an example of an early attempt at mediation as a conflict resolution tool in which Lord Krishna attempted to settle the dispute between the Pandavas and Kauravas. Judge Ramana said: “It may be worth remembering that the failure of mediation has had catastrophic results”.

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