Latest news with #MediationAct
The Hindu
23-05-2025
- Politics
- The Hindu
Shahi Masjid in Public Gardens to host a mediation centre
The Shahi Masjid in Public Gardens, which witnesses hundreds of the devout each day engaged in prayer and contemplation, will soon host a mediation centre in a bid to provide accessible dispute resolution services to the public. 'The initiative is supported by the Telangana State Legal Services Authority (TSLSA). The idea is to give free and impartial mediation for disputes to people, irrespective of the faith to which they belong,' Shahi Masjid Khateeb Maulana Ahsan bin Mohammed al-Hamoomi told The Hindu. Ifadah Community Mediation Centre, as it will be known, will be inaugurated on this Saturday. Explaining the genesis of the idea, Maulana Hamoomi said that a conversation with a police officer brought to his attention several issues families and individuals were grappling with. 'On one side of the masjid, not too far away, is the criminal court. On the other is the Central Crime Station. A policeman once came to me and said how lives were being ruined because of petty disputes. That is how the idea came about. The Centre will follow the Mediation Act, 2023,' he said, adding that timely guidance of the Telangana State Legal Services Authority has been sought, which includes training sessions. The Shahi Masjid, also hosts a legal cell that began in 2018. Manned by two experienced lawyers, services here were initiated so as to offer second opinions on legal matters and help people resolve disputes outside the courtroom. Advice to hundreds of beneficiaries were given, Maulana Hamoomi said. The Ifadah Community Mediation Centre, he explained, will follow all rules, and regulations. He clarified that the facility would not function as a Darul Qaza. Per stipulations, utmost confidentiality would be maintained, and services would be given free of charge, he said. The Centre will have its doors open on all working days, with dedicated mediation and conciliation sessions scheduled for every Saturday.
India Gazette
10-05-2025
- Business
- India Gazette
Justice Manmohan calls for agile legal framework to support trade, tech and trust
New Delhi [India], May 10 (ANI): The Services Export Promotion Council (SEPC), in collaboration with the Society of Indian Law Firms (SILF) and the Indian National Association of Legal Professionals (INALP), on Saturday successfully hosted the International Legal Conference 2025 on the theme 'India's Legal and Regulatory Framework: Navigating International Trade Opportunities.' The conference brought together leading voices from the legal, policy, regulatory, and corporate sectors. The event was attended by Justice Manmohan, Judge of Supreme Court, as Chief Guest. Speaking at the inaugural session, Justice Manmohan said, 'At times, the complexities of international law and the constantly shifting regulatory environment can feel like navigating through a storm--unpredictable, fast-changing, and demanding sharp legal foresight. Today's global challenges--from cross-border intellectual property enforcement to fintech innovation, data privacy, cybersecurity, and the rise of artificial intelligence--require legal systems to be far more agile, interoperable, and forward-thinking. Yet even amid this turbulence, our constitutional values provide a steady vessel, and the rule of law remains our most reliable compass.' He further added, 'India's judiciary is committed to ensuring that the legal framework evolves in step with technological transformation and global trade dynamics. Initiatives like the e-Courts project and the Mediation Act represent a conscious shift toward greater efficiency, accessibility, and adaptability in the justice delivery system. By fostering legal innovation while preserving fairness and predictability, we can enable a regulatory ecosystem that not only upholds justice but also empowers sustainable economic growth in an interconnected world.'. Presenting the introductory remarks, Dr Lalit Bhasin, Chairperson- Conference and President, SILF said, 'The Conference has been organised by Services Export Promotion Council to explore avenues of exporting India's legal services overseas and also to welcome more collaboration and cooperation with the foreign legal fraternity. The Conference has explored India's evolving legal frameworks and their impact on international business, focusing on sectors such as Energy, Technology, Finance and Infrastructure. Experts have also discussed how to integrate ESG into the business model. Presentations were also made on the most topical issue today regarding Techno-Legal Regulations: AI, Data Privacy and Cybersecurity.' He further added, 'The Dispute Resolution mechanism in India, which is far from satisfactory, was also discussed and the recent steps taken by the Government of India to promote mediation were welcomed. It was also felt that there is an immediate need to liberalise India's legal market by deleting stringent conditions regarding advertising, etc.' Prominent dignitaries present at the conference included Dr Anju Rathi Rana, Secretary, Department of Legal Affairs, Ministry of Law & Justice, Dr. Lalit Bhasin, Chairperson- Conference and President, SILF; Dr Upasana Arora, Vice President, SEPC; Dr. Shardul S Shroff, Founder and Executive Chairman, Shardul Amarchand Mangaldas & Co. and senior representatives from the Bar, Bench, top law firms, academia, industry, and regulatory bodies. The conference also paid tribute to the brave personnel of the Indian Armed Forces and offered heartfelt homage to those who lost their lives in the recent terror attack in Pahalgam. Against the backdrop of heightened cross-border tensions, participants stood in solidarity with the families of the fallen and reaffirmed their collective commitment to the principles of justice, national unity, and the rule of law. (ANI)
Time of India
03-05-2025
- Politics
- Time of India
Courtrooms have winners & losers, but mediation's healing: CJI
NEW DELHI: CJI Sanjiv Khanna on Saturday said courtroom adjudication is grim and shallow, as it results in a winner and a loser - a process that fails to heal strained relationships between parties. He contrasted this with mediation, which, he said, seeks to provide a holistic solution that restores relationships. Speaking at the first National Mediation Conference inaugurated by President Droupadi Murmu, CJI Khanna said ' community mediation ' provision in the Mediation Act, 2023 is salutary as this can be an effective tool to resolve disputes that are likely to affect peace, harmony and tranquility among residents or families in a specific area or locality. "This is an important step forward," he said. Justice Khanna said unfortunately mediation, which is ingrained in our civilisational history, is not mainstreamed and not first choice of parties to a dispute even though modern mediation tools can provide solution to litigants, which is unavailable in courtrooms. "In courtroom adjudication, one party is right, the other is wrong. In this way, courtroom litigation and adjudication are grim and shallow. At times, the root cause remains unaddressed, and the ailment and pain remain. The relationships are strained, if not broken. There is a winner, there is a loser," he said. In contrast, mediation seeks to identify and remedy the root cause with a process that delves deeper into the issue, the cause of the misunderstanding between the parties and attempts a holistic solution without getting mired in legal procedures to restore the relationship between parties, he added. "Because process is voluntary and participatory, solution reached is less traumatic, more humane and acceptable," Justice Khanna said, adding that between 2016 and early 2025, a staggering 7,57,173 cases were settled using mediation. Comparing the courtroom justice delivery mechanism and the mediation crafted resolution, CJI Khanna said while a judge attempts to find whois at fault among the litigants who advance their case through argumentative lawyers, a mediator goes beyond the binaries and attempts to resolve misunderstandings, which is often the mother of most litigations. He said, "Mediation offers space by undoing complexity. It does not involve legal and procedural complexities. It is flexible and personalised, not bound by rigid procedure. And above all, it is empathetic - aiming not to win over the other side, but to bring together." Mediator's neutrality is crucial to achieve resolution of a dispute, said Justrice Khanna, adding that "a skilled mediator senses not only what is being said, but what lies beneath the words."
Indian Express
03-05-2025
- Politics
- Indian Express
Empower panchayats to mediate, settle disputes, says President Droupadi Murmu
Underlining the significance of mediation in resolving conflicts, President Droupadi Murmu Saturday called for effectively extending the dispute resolution mechanism under the Mediation Act, 2023 to rural areas so that the panchayats are legally empowered to mediate and resolve conflicts in villages. Addressing the 'Launch of Mediation Association of India and 1st National Mediation Conference, 2025', the President said that 'we should see effective dispute and conflict resolution as not merely a legal necessity but a societal imperative'. She added that 'social harmony in villages is an essential prerequisite of making the nation strong.' India has a long and rich tradition of judicial mechanisms in which such out-of-court settlements were more of a norm than exception, she said, adding that the institution of panchayat is legendary for fostering amicable resolutions. Describing the panchayats as a pillar of social harmony, Murmu said, 'Unfortunately, the colonial rulers ignored this exemplary legacy when they imposed an alien legal system on us.' She said that mediation fosters dialogue, understanding and collaboration, which are essential for building a harmonious and progressive nation. It will lead to the emergence of a conflict-resilient, inclusive and harmonious society, she said. In his inaugural address, CJI Sanjiv Khanna said that 'courtroom adjudication is often to a dispute and parties, what most medicines are to an ailment — they treat the symptoms and provide relief, which makes us feel better' but 'at times, the root cause remains unaddressed, and the ailment and pain remain…' Underlining the importance of mediation, the CJI said that it seeks to identify and remedy the root cause, goes deeper into the issue, and addresses primordial and underlying concerns that are the cause of the dispute. 'It allows for a more holistic solution,' he said. Hailing section 43 of the Mediation Act which provides for 'community mediation', CJI Khanna said, 'Disputes likely to affect peace, harmony, and tranquillity among residents or families in a specific area or locality may be resolved through community mediation. This is an important step forward.' It is through mediation that social justice as envisaged in the Constitution can be achieved, he added.
The Hindu
03-05-2025
- Politics
- The Hindu
President, CJI stress on mediation to resolve conflicts, lower the burden on courts
President Droupadi Murmu and Chief Justice of India (CJI) Sanjiv Khanna on Saturday (May 3, 2025) stressed on mediation to resolve disputes and lower the burden of courts across the country. They added that mediation can enhance both the ease of doing business and the ease of living and the same is not a lesser form of justice, but a wiser form of it. Speaking at the launch of the first national mediation conference organised by the Mediation Association of India (MIA), a pioneering initiative envisioned by Attorney General of India R. Venkataramani, Ms. Murmu hailed the 'long and rich tradition' in India of judicial mechanisms in which out-of-court settlements were more of a norm than exception and added that the colonial rulers 'unfortunately' ignored this exemplary legacy when they imposed an alien legal system. Emphasising that the dispute resolution mechanism under the Mediation Act should be effectively extended to rural areas so that the panchayats were legally empowered to mediate and resolve the conflicts in villages, she added that social harmony in villages was an essential prerequisite of making the nation strong. She added that the Mediation Act, 2023 was the first step in consolidating the civilisational legacy and now it was the right time to add momentum to it and strengthen its practice. She said the Mediation Act, 2023 plugged many loopholes in the system and had a number of provisions that would form the foundation of a vibrant and effective mediation ecosystem in India. Reduces burden on courts 'Mediation is an essential part of the delivery of justice, which is at the heart of the Constitution of India — our founding text. Mediation can speed up the delivery of justice not only in the specific case under consideration, but also in other cases, by reducing the burden on courts of a large number of litigations. It can make the overall judicial system much more efficient,' added the President. Addressing the gathering of chief justices of various High Courts and solicitor generals from States, the CJI observed that people should be made to understand that mediation was not a 'lesser' form of justice but rather a 'wise' form of it. Drawing a parallel between mediation and courtroom, Chief Justice Sanjiv Khanna said adjudication was often to a dispute and parties, what most medicines were to an ailment — they treat the symptoms and provide relief, which makes us feel better. 'Courtroom litigation is somewhat similar. One party is right, the other is wrong. In this way, courtroom litigation and adjudication are grim and shallow. At times, the root cause remains unaddressed, and the ailment and pain remain. The relationships are strained, if not broken. There is a winner, there is a loser,' said the CJI. He said mediation did the opposite. It sought to identify and remedy the root cause as it went deeper into the issue, the cause of the misunderstandings. It addressed the primordial and underlying concerns that were the cause of the dispute and allowed for a more holistic solution — one that not only resolved the legal issues but went beyond that. 'Mediation heals and restores the relationship. This is true justice. Not coerced and forced by a third person's dictate,' he said. Sharing data on the success of mediation, the CJI said that in over the past two decades, between 2016 and early 2025, a staggering 7,57,173 cases were settled using mediation. He, however, added that this way of justice was yet to reach homes and villages. 'India has been slow to arrive to mediation's shore and understand its importance. Our goal must be to show every litigant, every businessperson, every citizen that mediation is not a lesser form of justice, but a wiser form of it,' he added. Justice B.R. Gavai, the designated CJI, in his address said law school curriculum must include practical on mediation and not just stick to the theory. He added that law students must have the skills of active listening, emotional intelligence which could not be acquired solely by textbooks. 'Legal education should prepare students to rise beyond from arguing cases but to understand the conflict and help resolve disputes in a manner that preserves relationships and dignity,' he added. The event was also attended by Law Minister Arjun Ram Meghwal. Solicitor General Tushar Mehta stressed on mediation as an integral part of justice. Mr. Venkataramani, extending thanks to the participants, said the conference was a small beginning and he wished to see the day when India would soon be the headquarters of a Global Mediation Association.
