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Mediation needs to be treated as action oriented verb: Judge

He expressed the need for effective implementation of the National Legal Services Authority (NALSA) guidelines for training of judicial officers.

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Mediation needs to be action- oriented for the development of alternate dispute resolution (ADR), a senior judge said here today.

Inaugurating a conference here to deliberate upon alternate redressal mechanisms, Supreme Court judge Justice Dipak Misra said for the development of ADR, mediation needs to be treated as an "action oriented verb and not a noun".

He expressed the need for effective implementation of the National Legal Services Authority (NALSA) guidelines for training of judicial officers.

He said that currently the legislation is not equiped for pre-litigation mediation and hoped that mediation will also be incorporated in the legislative regime in the near future.

Justice Misra stressed on the importance of changes in legislative paradigm and hoped that legislative regime will incorporate mediation and related aspects, in near future.

He stressed on the need for developing national legal policy and state legal policy towards ADR in order to ameliorate the grievance of the parties.

Speaking on the adaptation necessary in the adjudicatory process, Justice A K Sikri opined that the present system may not be suitable for resolving disputes of commercial nature.

He said that the judicial officers should be sensitive to redressal mechanisms like arbitration and mediation as win-win situations.

Justice Madan B Lokur was of the view that there is an inherent need to sensitize the parties to the idea of mediation and strengthen the notion of relationship building.

"In the current legal sceneraio, lawyers and advocates are the best persons to steer parties towards effective mediation and the idea of mediation advocacy must not only be developed but embedded in the minds of the members of the legal fraternity," he said.

Judges from various High Courts as well as legal practioners, academicians and students were participants in the conference.

The topics ranged from describing the expectations of clients from dispute resolution mechanisms to the role clients wish their counsels an the adjudicator to adopt towards their greivance.

 

(This article has not been edited by DNA's editorial team and is auto-generated from an agency feed.)

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