SPEECH OF THE HON'BLE PRESIDENT OF INDIA, SMT. PRATIBHA DEVISINGH PATIL, AT THE FIRST ANNIVERSARY CELEBRATIONS OF THE BANGALORE MEDIATION CENTRE

Bangalore, 1st February 2008

Ladies and Gentlemen,

It is a pleasure for me to participate at the First Anniversary Celebrations of the Bangalore Mediation Centre. Having been a member of the legal community, I take this opportunity to congratulate the High Court of Karnataka for its initiative to establish the Bangalore Mediation Centre a year ago as a means for speedy settlement of disputes.

The purpose of law is to serve the ever-changing needs of the community. Law, therefore, cannot be a static body of rules but must adapt itself to change and changed requirements so as to serve its purpose in a better way. There is thus a constant requirement to maintain a balanced relationship between the legal system, deliverability of justice and social needs. An important element of a "friendly legal system" is to offer simplified options to litigants so that justice is neither delayed nor denied to them. Currently, a combination of factors have resulted in making judicial remedy a time-consuming process and it is sometimes said that people are leaving behind for their children a "legacy of litigation".

The formal court system in India is currently overwhelmed. Many factors have contributed to this such as criminal justice reforms, new substantive laws, new civil rights, new forms of cognizable claims and also because citizens are now more aware of their rights and entitlements. With a backlog of more than 30 million cases, it takes years for a case to be heard and resolved. In 1999, Parliament amended Section 89 of the Civil Procedure Code to redress this situation and introduced Alternative Dispute Resolution Mechanisms, which included Arbitration, Conciliation, Judicial Settlement and Mediation.

Mediation has a long and varied history in almost all cultures of the world. The villages of India traditionally relied on the Panchayat justice system where a panel of five members mediated and arbitrated disputes. Parties would state their case and efforts would be made to reach a consensus. This system was so highly respected that the "Panchas" were revered as "Panch Parmeshwar". The modern-day mediation process is similar to the Panchayat system in the sense that it strives for a consensus.

The democratic world is moving towards participation - be it in organizations, policy for workers or in governance. The Constitutional amendments regarding Panchayati Raj institutions and urban local bodies are based on the principle of the participation of people at the grassroots level in the decision-making process. In the legal world, mediation allows for the voluntary participation of the disputing parties, where they play an important role in formulating the terms of settlement. They also have the option to revert back to the normal judicial forum if there is no success in mediation.

Many a times, people initiate legal proceedings on account of misunderstandings and once in Court, the parties take adversarial positions and the legal battle begins. Mediation, offers an opportunity of re-establishing communication between disputing parties, helping them understand each other's issues, to express hurt and vent emotions, which often helps in finding a mutually acceptable settlement that is agreed to "by the parties themselves for themselves". As mediation avoids hostility between parties, it also offers an opportunity to restore and preserve business and personal relationships. The adversarial process cannot accommodate the innate desire of human beings to retain a relationship, to continue to live and work in harmony.

A resolution found by the parties satisfies them and experience the world over has shown that such cases are rarely reopened. Further, as it is a voluntary process, it reduces the possibility of corruption. The parties can terminate the process at any point of time or ask for a change in mediator. The neutral third party does not have any authority to bind parties to an outcome of his or her choosing. The views and understanding of the parties are of primary importance.

Mediation is not about right or wrong, fair or unfair. It respects the existence of multiple perspectives and attempts to dissolve conflicts rather than solve them. Parties become partners in finding a solution and this creates a more responsible human being and a self-governed individual. Mediation creates a change in mindset from adversarial to problem solving. It is imperative to extend this concept to our communities, schools, colleges and work places in order to create a better world.

Mediation, being a dispute redressal mechanism based on consensus by the parties, has begun to prove very effective in many other countries and has thus started gaining popularity. An important benefit is that mediation is a cost effective method. Long judicial proceedings entail considerable expenditure, while it is seen that in the mediation process, within a few sessions, parties are able to arrive at a solution. Mediation, as a Dispute Settlement Mechanism, offers a quicker and a money saving option to people. It is encouraging to know that the average time spent per case in the Bangalore Mediation Centre is only 131 minutes and the average number of sessions per case is 1.81.

Apart from helping parties, mediation has a positive impact on the judicial system as well. It lifts some burden from the Courts, the time of the Court is expended on matters that truly deserve their attention and over a period of time it could result in reducing the backlog or at least prevent further addition to the backlog.

I think that the best path for lawyers is to follow in the footsteps of Gandhiji, realizing that the true function of the lawyer is to "unite the parties riven asunder". Soon mediation will become very much a part of a lawyer's work. Lawyers need to examine when to use litigation to resolve disputes and when to resort to mediation. This will enhance the name and reputation of the lawyer as a peacemaker. As you undertake mediation, it will be important to adhere to the principle of neutrality so that parties have confidence in you. Mediation also requires strict confidentiality and you must honour this code.

In order to popularize the concept of mediation and to motivate litigants to go for mediation, I understand that a Statewide Mediation Week is being organized this month. Various programmes will be conducted at the District and Taluk levels to highlight the need for and advantages of mediation and to educate lawyers and litigants about the concept and practice of mediation. This is an important element of work. Making people aware of mediation being a credible and workable option is important. Lack of awareness often results in lack of utilization of an option.

I congratulate the Bangalore Mediation Centre, its Patron, the Hon'ble Chief Justice of Karnataka, the Board of Governors and especially the 86 mediators who over the past one year have settled more than 1000 cases. I commend your noble efforts to help litigants and save them from several years of stress of litigation, the pain of broken relationships and for having reduced the burden of the Courts to that extent. The motto of the Bangalore Mediation Centre - 'Peace making through Mediation' - is very appropriate. May you continue to have the spirit of social responsibility and commitment to effective dispute resolution.

Thank You.