‘Mediation techniques should befit culture, society’

Hopeful of the success of mediation in the country in the coming years, Supreme Court judge Justice Swatanter Kumar has exhorted the need for mediation techniques befitting Indian culture and society.

He was speaking at the inauguration of the state colloquium for judges and mediators at the Kerala High Court auditorium on Saturday.

Justice Kumar discouraged the emulation of the western form of mediation. Mediation should be conducted in the language of the parties involved, he suggested.

Conflict has been deeply entrenched in a democratic country like India.

“However, it is rare to find the right skill-set to deal with conflict. Hence, there is a need to adopt new and innovative approaches for handling conflict,” he added.

With the formation of Mediation and Conciliation Project Committee (MCPC), the appointment of more mediators from the Bar as well as the Bench is being considered. Also, the plan to designate a cadre of judges for the purpose is being mooted, he said.

Regarding people’s faith in mediation, Justice Kumar said that it is the aura that surrounds the judiciary has drawn the public.

“There should be more awareness in this regard,” he stated.

Kerala High Court Chief Justice Manjula Chellur said that the Vilappilsala issue was solved partially because of the intervention of the High Court mediation committee.

“Mediation with the Vilappilsala panchayat members helped to resolve the issue to an extent, if not completely. Mediation is a powerful tool and has to be used effectively,”   she said.

Justice Madan B Lokur

of the Supreme Court said that many measures are being contemplated for successful mediation in the country. High Court judge Justice K M Joseph said that  mediation cases in the state have a success rate of 25 per cent. Justice Thottathil B Radhakrishnan and Justice S Siri Jagan were also present.