Former Chhattisgarh Advocate General Ravindra Shrivastava said the judicial system in India was on the verge of collapse because of various reasons, but people are refusing to see them.
Addressing an international mediatoon event in London, Ravindra Shrivastava pointed out that courts are unable to cope with the cases due to huge population, skewed judge-population ratio, lack of infrastructure, delays in appointment of judges, compromise in merit and lack of sensitivity on the part of the Bar, are some of the well-known problems.
Thus, mediation is the need of the hour; it should be the order of the day and the norm of complete disposition towards administration of justice, he contended.
The former AG said he sees no alternative to ADR, no alternative to mediation as ADR. Arbitration has also not proved to be successful in India. “Mediation has huge prospects of success in India. What is needed is a strong will, good intention, robust infrastructure, adequate mediation centres , ample, trained and qualified professionals of full time mediators, effective Court annexed mediation centres, highly credible mediation service providers and more than adequate funds and continuous government engagement,” Shrivastava said.
He said the time has come to shun the adversarial system of justice and adopt amicable resolution of disputes with the help of capable mediators. While pre-litigation mediation being made compulsory in commercial disputes is a welcome idea, the success will depend upon the choice of the mediator who will play the most important role.
The negotiating skills of the person to act as mediator having knowledge of the nature of disputes are the key to its success, he added.