Parties in mediation are like passengers hiring a taxi, with mediator being taxi driver who helps parties reach their destination. While there could be bumps & detours on the way, mediator helps parties preserve their commercial & personal relationships. : Kaul J
I don't believe that mediation should be done because judiciary is overloaded. It's a superior method of resolving disputes & must be tried first because it permits parties to structure their solution, which court can't do, being bound by prevalent law : Kaul J
With mediation becoming more prevalent between parties, lawyers cannot fall behind...may be trained in ADR, which would allow them to offer alternative routes beyond adversarial process : Kaul J
Ld Attorney General made two announcements...delighted to hear them but was waiting for third announcement which never came. The motto of union government and its agencies should be MEDIATE, don't LITIGATE. : #CJIDYChandrachud
In today's fraught times, mediation has an important message for us as citizens. Are we losing the ability to talk to each other across the spectrum or engage in reasoned dialogue? : #CJIDYChandrachud
Is it not necessary to pick up something from mediation, that is, being good listeners, understanding others' points of view, & not wholly insisting that dogma we espouse only dogma that is relevant to the times? : #CJIDYChandrachud
Mediation can change way we see justice from adversarial, formal process tailored towards a zero-sum outcome, to more collaborative process focused on enabling parties to move forward constructively. More than a movement to declog the courts. : #CJIDYChandrachud
When govt, which is the largest litigant, mediates, it sends a message that govt is not adversarial opponent to our citizens. Govt must adopt robes of a friend, partner, & problem-solver, be it in terms of businesses, communities or families. : #CJIDYChandrachud
As a judge-mediator, I heard someone singing in my court...not something you would usually hear in a courtroom. It was the mother of the parties...brothers had been lost in litigation for last decade, she was singing a bhajan to bless me. : #CJIDYChandrachud
Women, particularly those belonging to marginalised communities, have found formal legal proceedings alienating, having historically been prevented from accessing law on equal footing. Mediation can make the law less intimidating for them. : #CJIDYChandrachud
For all mediators, I would advise everyone to borrow a life lesson from football coach Ted Lasso - Be curious & not judgemental. We know dangers of rushing to judgement on incomplete facts. Curiosity fixes this w patience & active listening. : #CJIDYChandrachud
Dave: My reservation is removed and given to some else few days before elections. They have removed 4% reservation for Muslims in Karnataka. It's completely against a series of SC judgements. Completely unconstitutional! Why is it done overnight? On the eve of election?
Dave: Without any report? It's against the 1996 Statute. I am shocked at how the government can add this in the GO!
Sr Adv CD Vaidyanathan (for Respondents) : Please allow me to file a reply. Can there be a permanent Prohibition? There can be ban during a health emergency but no total Prohibition.
Sr Adv Abhishek Singhvi: Previous State notification expired years ago.
Sr Adv Kapil Sibal for govt: If it is injurious to public can the year on year argument be used? Can cancer depend on it?
Bench: Why don't you ban it permanently?
Sibal: That's for the Centre.
Bench: What you can't do directly? Can you do it indirectly?
'Commander in Thief' - Bombay High Court to shortly hear Rahul Gandhi's plea seeking quashing of an FIR in Mumbai for his alleged defamatory remarks against PM Narendra Modi
#SupremeCourt to hear shortly plea seeking contempt action against authorities in the State of Maharashtra over alleged failure to act against #hatespeech made against Muslims during rallies.
The bench comprising Justice Joseph & Justice Nagarathna had earlier expressed concerns over failure of authorities to act against #hatespeech; SG Mehta argued that petitioners were selective & didn't include hate speech against Hindus.
Sr Adv AM Singhvi: A PIL by a political leader will get transferred to CBI. Point two, the writ is filed on 27th and the order is passed on 28th. Third, in counter before HC I've denied the allegations.
Singhvi: Your lordships have not given them a chance! How can the probe be transferred? What is the point of jurisdictional bar if CBI can enter your area without consent?