Alternative dispute resolution has potential to transform legal landscape: CJI Ramana

Kevia (Guj), Apr 9 (PTI) concept of alternative dispute resolution (R) has potential to transform Indian legal landscape by providing a platform for millions of people to settle ir grievances, Chief Justice of India NV Ramana said here on Saturday.

With equate cooperation from all stakeholders, R can emerge as a tool of social justice in India, he said.

Speaking at inaugural event of a two-day national conference on mediation and information technology organised near Statue of Unity here, CJI asked courts to take an active effort to make negotiation and mediation mandatory as part of case management.

He also said those engaged in justice delivery mechanism need to have a thorough understanding of new technologies, which have potential to simplify process.

" concept of R, through Lok alats, Gram Nyayalayas, mediation and arbitration centres, has potential to transform legal landscape of India by providing millions of people a platform to settle ir grievances," CJI said.

It can reduce pendency, save judicial resources and time, and allow litigants "a degree of control over dispute resolution process and its outcome", he said, ding that it is "one of most empowering methods of resolving disputes as y maximise participation of stakeholders".

Justice Ramana also said that while conflicts are inevitable aspects of our lives, y can be resolved through understanding.

"Conflicts have a human face. One must have foresight to look beyond conflict. A dispute should not spoil your relationship. Prolonged litigation can drain resources and cause animosity, and conflicts can be resolved in a neutral environment, where both parties are in a win-win situation. After all, life is a balancing act," CJI said.

Justice Ramana asked courts to take an active effort to make negotiation and mediation mandatory as a part of case management and said lawyers must try ir best for pre-litigation settlement and vise clients to approach Lok alats for greater benefit of parties.

He asked parties to not use dispute resolution forums as a mere delaying tactic.

Furr, judicial officers must understand parties and ir economic conditions without bringing any judicatory flavour to proceedings, he said.

Chief Justice of India also underlined need for skilled mediators to decide on issues like wher settlement being reached is patently unjust to weaker party, and wher he should be a silent spectator during such negotiations.

" ideals of substantive equality must be reflected in resolution process as well...With equate cooperation from all stakeholders, it has ability to emerge as a tool of social justice in India," Justice Ramana said.

CJI said several states were working to build a robust R-friendly environment, ding that new-age lawyers and law students should be equipped with developing expertise in negotiation and mediation.

" skills involved are not only useful in world of alternate dispute resolution but are also vital for managing personal and professional relations in day-to-day life," he ded.

Talking about technology, Justice Ramana said all those engaged in justice dispensation mechanism including judges, lawyers, law enforcement agencies, and ors, need to have a thorough understanding of new technologies.

Rapid development in fields of cryptocurrency, data protection, encryption and artificial intelligence have caused courts and law enforcement agencies to engage with novel issues, and technology can be beneficially employed by judicial system, he said.

"Our profession is at brink of a technological revolution. pandemic has helped to speed up this process. Technology has potential to simplify process, and Indian courts have started utilising it, with e-Committees taking up initiatives like developing E -filing, Computer Assisted Transcription, Document Display System and integration of courts under one IT Infrastructure," CJI said Justice Ramana also spoke on 'FASTER', a digital platform recently launched by Supreme Court for fast and secured delivery of urgent court orders in encrypted electronic format to stakeholders, as well as live streaming of court proceedings.

"To make idea of access to justice effective and user-centric, need of hour is popularisation of mediation across various platforms," he said.

CJI said online mediation can revolutionise justice delivery system by promising simple and affordable justice for all. PTI KA BNM NSK NSK