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for an for an
AAppropriate ppropriate DDispute ispute
RResolution esolution Not merely for an Not merely for an AAlternative lternative DDispute ispute RResolutionesolution
OROR
Additional Disputes ResolutionAdditional Disputes Resolution
YesNo (fixed)Choice over procedure
YesNoChoice of Judge/Neutral third party
MediationLitigation
Full controlNo controlControl over proceedings
YesNoControl over time
NilFull playTechnical pleas
MediationLitigation
Nil Very much :
All or none Risk
By and large predictable
Largely unpredictable
Predictability
MediationLitigation
NilYes
Appeals,
Second Appeals
and
Revisions
Unending litigation
Agreement recorded by Court becomes decree
Binding as decreeBinding nature of the decision
..
Search for a New ADR Search for a New ADR
leads to leads to
MediationMediation
““Access to JusticeAccess to Justice
meansmeans
Access to Good Mediation”Access to Good Mediation”
- Justice Krishna Iyer- Justice Krishna Iyer
Mediation across the worldMediation across the world
USAUSA EnglandEngland
Asian countriesAsian countries
ChinaChina
Sri Lanka Sri Lanka
MalaysiaMalaysia
PakistanPakistan
NepalNepal
BangladeshBangladesh
Indian experienceIndian experienceMediation Centers functioning Mediation Centers functioning successfully successfully in various High Courts & Districts Courts in various High Courts & Districts Courts
AAllahabad llahabad BBangaloreangalore
BBombay ombay CChennaihennai
DDelhi elhi GGujaratujarat
KKerala erala JJammu & ammu & KKashmirashmir
JJharkhandharkhand
GujaratKerala
Jammu & Kashmir
Elevated as Judge, Kerala High Court Elevated as Judge, Kerala High Court
Appointed Chief Justice of J & K High CourtAppointed Chief Justice of J & K High Court
Presently Chief Justice of Gujarat High Court Presently Chief Justice of Gujarat High Court and and Patron-in-Chief, Guj. High Court Mediation CentrePatron-in-Chief, Guj. High Court Mediation Centre
Hon’ble Mr. Justice K.S. RadhakrishnanHon’ble Mr. Justice K.S. Radhakrishnan
Ahmedabad City Ahmedabad City Civil Court Civil Court
Mediation Centre Mediation Centre being Inaugurated todaybeing Inaugurated today
December 24, 2008 December 24, 2008 byby
Hon’ble Mr. Hon’ble Mr. Justice S.B. SinhaJustice S.B. SinhaJudge, Supreme Court of India & Judge, Supreme Court of India &
Chairperson, Mediation and Conciliation CommitteeChairperson, Mediation and Conciliation Committee
HIGH COURT OF GUJARAT –MEDIATION
Ahmedabad City Civil Court Mediation Centre
24th December 2008.
A New Beginning
Let us be the change that we want to see Let us be the change that we want to see
- - Mahatma GandhiMahatma Gandhi