The Gujarat high court mediation centre has recently settled three disputes referred to it by the Supreme Court.
The Gujarat high court mediation centre has recently settled three disputes referred to it by the Supreme Court. Sources in the high court told DNA that the mediation centre has been successful in settling significant number of cases since its inception.
The mediation centre of the Gujarat high court was inaugurated in December last year focussing on alternative dispute redressal mechanism. The centre helps parties resolve a dispute through a neutral third party before the matter goes to trial.
The third party, called a ‘mediator’, uses negotiation skills and communication techniques to help parties find a solution to their dispute. According to records available till May 6, the HC mediation centre has been able to settle 14 of the 77 matters referred to it. The mediation centre could not settle 27 matters, while 36 matters have still been pending.
On the other hand, the mediation centre of the Ahmedabad city civil court has settled 28 of 109 matters which have been referred to it till the date. Reports said 31 matters have not been settled, while, as on May 6, 50 matters were still pending. In total, the two mediation centres have managed to settle 42 of 186 matters referred to them, while 86 matters have been pending.
A reliable source said, “The mediation centre is a means to resolve disputes between two parties. However, the mediator does not tell the parties as to what way should they take to resolve the dispute. The advantage of taking up the matter with the mediation centre is that if the dispute is resolved, the result subsequently affects other disputes adjoining the matter in courts.”
High court authorities have been vocal in talking about the need for a mediation centre to resolve disputes quickly. At a seminar held recently, Justice KS Radhakrishnan, chief justice of the Gujarat high court, had spoken about the need to inculcate a culture of mediation in business and communities.
He said mediation could be particularly helpful for businessmen in disputes over quality, price, payment and delivery of goods, disputes between manufacturers and agents over delivery. Advocate general Kamal Trivedi and Vijay Patel, chairman of bar council of Gujarat, also pointed to the advantages of mediation over the court process during the seminar.
Registrar PP Bhatt told
DNA, “Mediation is one of the alternative dispute resolution methods under section 89 of the Code
of Civil Procedure. We have trained mediators here and the apex court does refer matters to the mediation centre.
Besides, since there is a lot of industries and businesses in the state, the number of disputes is much higher here and it can be resolved in the mediation centre and so it is a win-win situation.”
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