Public Affairs Centre's 8th Annual Lecture

 

Chief Justice Cyriac Joseph says that “mediation” is an effective dispute settlement mechanism that saves money and time.

 

Shri Justice Cyriac Joseph was appointed as the Hon'ble Chief Justice of Karnataka High Court on January 7th, 2006.

 

Honorable Chief Justice of the High Court of Karnataka Shri. Cyriac Joseph has said that in the very first year of the launch of a new system of “mediation” with the assistance of trained lawyers, more than 50 per cent of the cases have been resolved successfully, thus saving a lot of money and time for the parties involved. In a country where cases take decades to settle, this initiative of the High Court promises to be an alternative route that the public can take advantage of provided the parties are willing to agree to mediation. Increased use of mediation will also reduce the overload on our courts. Compared to other parts of the country where similar efforts have been launched, the Bangalore Mediation Centre stands out as the best with the largest number of cases and the highest rate of settlement through mediation.

In what could be characterised as one of the most significant developments in the judicial history of the State, a unique and expeditious opportunity for the clients for fair, just and quick disposal of cases is now available through Mediation.

The mediation system involves the advocates of both the parties and the case would be referred to a mediator only if both the parties agree. The lawyers who have been trained as mediators will mediate the cases and once a settlement is reached, it would be placed before the court which had referred it for mediation.

 

Over 80 lawyers have undergone training in mediation with the aid of the well known US Institute of Legal Systems. Their services are available free for the public. The Mediation Centre has facilities to conduct mediation of 14 cases simultaneously at any given time. Once a settlement is reached, the High Court approves it; the parties cannot appeal the decision in any other court.

 

It acts as a bypass that helps reduce congestion in an overloaded judicial system. But a major challenge is to increase the public awareness of this new mechanism and its modalities. Media can play a major role in this regard.

The availability of organised and well-regulated mediation empowers lawyers to provide better service to litigants. There is a good success rate for cases which have been handled by the mediation procedure.