President of India Ramnath Kovind to inaugurate the two-day national conference on “Mediation and Information Technology” at Ekta Nagar, Narmada, Gujarat.
Chief Justice of India Justice N V Ramana to be the Chief Guest.
Chief Justice of Gujarat HC, Justice Aravind Kumar: we are the place of tallest statue, the statue of Unity, of Sardar Vallabhbhai Patel. Mediation is one of the most cost effective dispute redressal mechanism
CJ Gujarat HC: Bench becomes pivotal to make mediation successful in making it a successful dispute redressal mechanism. IT is the nervous system of our mechanism, we have to still strive hard to reap maximum benefits of delivering justice to the litigants using IT & e court
CJ Gujarat HC: History of mediation shows Mahajans used to act as mediators between merchants.
Union Law Minister Kiren Rijiju: I am extremely grateful that I am invited to this important conference at his historic location. whenever I am here i feel energised as I am at the statute of Unity. It was envisioned by @narendramodi who was the then Gujarat CM
Union Law Minister Kiren Rijiju: We all know the contribution of Sardar Patel and he was the force behind united India. We all know the very core of the rule of law and civilised society is the provision of equitable justice and the preamble starts with justice
Union Law Minister Kiren Rijiju: our govt headed by PM Modi is focussed on speedy redressal of cases. With huge pendency of cases, it is clear that we have to look towards Alternate Dispute Resolution and also the Information Technology
Union Law Minister Kiren Rijiju: Our govt is giving full attention to this subject and I am happy to announce that mediation bill being introduced in the parliament is taking good shape. we have got inputs from all stakeholders and also from #supremecourt judges
Union Law Minister Kiren Rijiju: we have also got inputs from retired #SupremeCourt judges and this mediation bill is now with the parliamentary standing committee of law and justice. As soon as it comes to us, it will passed with all amendments needed
Union Law Minister Kiren Rijiju: mediation bill can being transformational change. Mediation has been there since Ramayana and Mahabharata days. informal justice litigants do not have wait so much. the dates and delays is at top at most places of this country
Union Law Minister Kiren Rijiju: We will ensure the outcome of this conference will be implemented in letter and spirit. i request CJ of Gujarat HC to send me immediately what is the outcome of conference so that I can look into it
Union Law Minister Kiren Rijiju: My office is working closely with the E committee of Supreme Court headed by Justice DY Chandrachud. I even spoke with him that there is support from all states and stakeholders.
Union Law Minister Kiren Rijiju: Legislature, executive, judiciary may be separate wings but we have to work together and there cannot be curtains between us. we cannot work in separate directions else it will create hurdles in implementing a law
Union Law Minister Kiren Rijiju: I want to say that i have excellent rapport with CJI Ramana and other Supreme Court judges and whenever we meet, I get excellent ideas and suggestions.
CJI NV Ramana: This is my first visit to state of Gujarat. I am thrilled to be in the land of Mahatma Gandhi. this land has been a fertile ground for freedom struggle.
CJI: there is a mythological story which I am reminded of. It is the mediation undertaken by Lord Krishna to prevent the war of kurukshetra. we all know the consequences of failed mediation and imagine how many lives could have been saved if lord Krishna succeeded. #Mediation
CJI: Conflicts have a human face. One must have foresight to look beyond conflict. dispute should not spoil your relationship. Long litigation can not only drain your resources... cause animosity. It is not necessary that every conflict or difference of opinion end in court
CJI: Differences can be resolved in neutral environment where parties are at winning side as life is a balancing act. If this does not work then it ends in court. Gujarat is known for merchants and no one better than them knows time lost is money lost
CJI: Who better than merchants to understand the need to efficiently and quickly resolve disputes. In fact efficient businessman deals with such disputes. concept of ADR through lok adalats and arbitration centres can transform the legal landscape in India
CJI: ADR can also save judicial resources. Mediation and negotiation at pre litigation stage are one of the most empowering method to resolve disputes as they maximise stakeholder participation. ADR is based on participation model
CJI: Rather than outsiders to the process, citizens with their direct involvement will be insiders of the process. mediation is also gaining foot in international commercial sphere. private mediation at pre-litigation stage is also becoming the norm
CJI: role of courts is crucial in realising the full potential of ADR.
CJI: An active effort must be taken by courts to make mediation and negotiation mandatory for case management. Lawyers must pursue every chance of pre litigation mediation.
CJI: It is responsibility of parties to ensure early resolution of process and not use it as a delaying tactic. Judicial officers dispensing justice must not bring any adjudicatory flavour to it.
CJI: We need skilled mediators to decide some significant issues during mediation especially when it is favouring one party and if its unjust to weaker party and if the mediator should be a mute spectator and this imp for country like India with a diverse social fabric
CJI: The ideals of substantive equality must reflect in the resolution process and with cooperation from all stakeholders ADR can emerge as a form of social justice in the country. CJI: It’s important to reiterate words of Mahatma Gandhi
CJI: Gandhi said that the true function of a lawyer is to unite parties. Developing expertise in mediation and negotiation is much needed for lawyers and law students. Next is the area of Information Technology
CJI: i am reminded to quote James Graham, Money is fine but data is power. While law regulates the same it is not able to catch up. last few decades have seen increase in processing power and it has given rise to complexity in legal regime.
CJI: Technological developments such as the #cryptocurrency , data protection , and Artificial intelligence has led to law enforcement agencies to engage with novel issues and there is possibility of increasing litigation on this
CJI: our profession is at the brink of technological evolution. Pandemic has sped up this process. traditional litigation is criticized for being extremely expensive. I remembers words of Charles Dickens who said "mountains of costly nonsense" are filed in a litigation
CJI: we see everyday that tons of papers are filed in court everyday especially in big corporate litigations. we remember the old saying: if you cannot convince the judge, confuse him. technology can help in this area.
CJI: During pandemic India was at the forefront of adopting technology for access to justice. distance, money and time is no longer barrier to party and online mediation can assure easy affordable justice for all.
CJI: Law Minister Kiren Rijiju's tenure has seen many judges appointments being cleared. I hope many other such appointments are cleared too.
CJI speech concludes.
President of India, Ramnath Kovind: Whenever I visit the statute of unity, I feel the indomitable spirit of Sardar Vallabhbhai Patel.
President of India, Ramnath Kovind: As you know I had been associated to legal profession before being associated with social justice. i had practiced in Delhi HC and Supreme Court and that time I used to think a lot about access to justice.
President of India: Mediation is very important. During last two decades all stakeholders have realised the importance of mediation. Parties can redress their grievance amicably. mediation aims to settle not by command but encourages parties to arrive at settlement
President of India, Ramnath Kovind: in mediation everyone is a winner. the concept is yet to find acceptance across the country and not enough trained mediators are available and infrastructure needs to be improved at mediation centres.
President of India, Ramnath Kovind: In south Africa, Mahatma Gandhi had a successful career but he opted for mediation first of all. When he helped two parties mediate, he said he knew boundless joy.
President of India, Ramnath Kovind: pandemic is not yet over and hopefully we are seeing a glimpse of its end. The only saving grace was ICT which helped the wheels of economy moving and remote learning helped avoid a break in education.
President of India, Ramnath Kovind: Two phases of e courts project has been completed and then there is smooth access to data on the ecommittee website and National judicial data grid. Computerisation of courts delivered immeasurable benefits.
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