Team News Riveting
Raipur, June 9
Senior Advocate Ravindra Shrivastava said there was no alternative to mediation in the current environment and the effective practice would facilitate minimizing litigation.
“There is no alternative to ADR (alternative dispute resolution) and there is no alternative to mediation in the current environment, is my firm conviction,” Shrivastava said while addressing a gathering on “Thought Leaders for Disputes Resolution” at St.James, London. Mediation first, Litigation last is his slogan, he added.
He added that the judicial system has collapsed and the arbitration scenario is no better in India. “Access to justice is more a myth than truth,” Shrivastava said. A lot of discourse is taking place recently regarding mediation that is a welcome development, so is the legislative intervention. “At least there is some realisation,” Shrivastava added.
Emphasising on the success of mediation, he said: “My experience is that mediation has great potential of success when it is voluntary out of awareness and willingness; either the parties are sensible enough to realise that litigation leads to nothing or when they are well advised by the well-wishers in the society or community and more importantly the lawyers.”
He reiterated that there should be more emphasis on the community mediation; currently mediation is explored in bouncing of cheques cases, matrimonial cases, family property disputes, motor accident claim cases etc that represented small percentage of the litigation coming to courts.
Shrivastava welcomed the idea of compulsory mediation, stating that a lot needs to be done to make it work. It requires good infrastructure, good mediators of qualifications, experience, standing, integrity and impartiality, including the cases in which the government is a party and not only private disputes between two private parties, patience and perseverance, need to revisit first schedule exclusion; need for government support. He added the support of the Bar was crucial.
Shrivastava said government and semi government bodies should join mediation as they contributed the largest number of cases.
