CJI NV Ramana highlights advantages of arbitration, mediation; says courts must be last resort

Hyderabad: Chief Justice of India N.V Ramana said going to the courts must be the last resort and people should explore the option of alternative dispute resolution (ADR) systems like arbitration, mediation, conciliation and negotiation.

Speaking at the curtain raiser and stakeholders conclave held at HICC in Madhapur on Saturday in connection with the inauguration of the International Arbitration and Mediation Centre (IAMC) here, Justice Ramana said the reasons for conflicts are many. Misunderstandings, ego issues, trust, and greed can lead to conflicts. Ultimately, small differences of opinion can also lead to a big conflict and even big conflicts can be resolved with some effort in understanding one another, the CJI said.

He said, "Arbitration and mediation are efforts at restoring a relationship. The most important factor behind the resolution of any dispute is having the right attitude. The right attitude should leave aside our ego, emotions, impatience and embrace practicality. But, once these conflicts enter a court, much gets lost in the practice and procedure."

The CJI said dispute resolution mechanisms like arbitration and mediation are now the preferred modes of dispute resolution. The reasons for opting for mediation or arbitration over traditional litigation are manifold - less expensive, more involvement of the parties, and a comfortable and amicable environment for the parties.

Similarly, mediation has immense potential for dispute resolution in India for both domestic and international disputes. Elaborating the advantages of mediation, Justice Ramana said mediation allows for settlements and compromises between parties, ensuring that there is no winner or loser in the process. He said parties have far more control over the outcome, there is the possibility of a continued relationship between parties after the dispute resolution process and greater options for choice of mediator with varied expertise as there is no requirement for a legally-trained mediator.

The International Arbitration and Mediation Centre has been set up in a 16,000 square feet area and is conveniently located in the financial district of Hyderabad.

The Centre has four arbitration hearing rooms, two mediation rooms, break-out and conference rooms, arbitrators retiring rooms, and cafeteria. It is also equipped to handle online arbitrations and mediations via high-quality video conferencing.