New Delhi, Aug 20 Supreme Court judge Justice P S Narasimha has said that mediation offered a more enduring and satisfying resolution to disputes than a decision imposed by a court, and stressed that there is a need to make mediation a permanent part of the judicial system.
In an interview with Akashwani's News On AIR, Justice Narasimha spoke about the Supreme Court's 'Samadhan Samaroh' initiative and said the process gives litigating parties the power to decide their dispute themselves, unlike conventional adjudication where a judge takes the final decision.
"The advantage of mediation is that the resolution is arrived at through a voluntary process of those who are involved in it. That is the greatest advantage of resolution as against decision-making by a court of law. It is far more enduring. It is far more satisfying," he said.
Supreme Court's Samadhan Samaroh initiative, a nationwide mediation-driven exercise aimed at amicable, consent-based resolution of cases pending before the apex court, began on April 21 and will culminate in a Special Lok Adalat to be held from August 21 to 23.
Justice Narasimha said the programme seeks to address two major concerns, the large pendency of cases and the need for an easier way of resolving disputes without excessive technical procedures.
He said mediation settlements have the "sanctity of law" and are in the nature of a court decree that can be enforced. A party refusing to honour the settlement can face execution proceedings, he added.
Justice Narasimha also said litigants currently incur no additional cost for the process and court fees and stamp duty paid at the time of filing are refunded when a case is settled through mediation.
He said Samadhan Samaroh is not a separate legal mechanism but is essentially the existing Lok Adalat system being used alongside mediation under the Mediation Act, 2023.
"The advantage of mediation is that the resolution is arrived at through a voluntary process of those who are involved in it. That is the greatest advantage of resolution as against decision-making by a court of law.
"It is far more enduring. It is far more satisfying," he said.
The judge stressed the need to institutionalise the exercise instead of conducting such initiatives once every few years.
"There is a necessity to institutionalise it. It cannot be once in two years or once in three years... we need to have it as a permanent setup," he said.
He also flagged the shortage of professionally trained mediators and said there was a need for a permanent institutional department within the Supreme Court.
Land acquisition, matrimonial, property, commercial, motor accident claim and cheque-bouncing cases are among the disputes being taken up for settlement.
Justice Narasimha said time, cost and uncertainty over the outcome of litigation were major factors motivating parties to choose mediation.
He described Samadhan Samaroh as a "stepping stone" and said its real success should be judged by how effectively an institutional mechanism for mediation is created for the future.
