Mediation one of the better solutions to take pressure off courts, says SC judge

 Underlining the importance of dispute resolution mechanisms, Supreme Court judge Justice Sanjay Kishan Kaul on Saturday said the process of mediation is a workable solution to the problems faced by litigants as the number of cases have gone up in the country.

Delivering his address at the 20th annual convocation of NALSAR University of Law here, Justice Kaul said as litigations have increased, various methods have been found through the alternative dispute resolution (ADR) mechanisms to take the pressure off court.

“It is my belief and I must say so that the mediation process is one of the better solutions to the problem,” he said.

“It is simply because instead of a pre-conceived legal principle framed by somebody else applying to the facts of a case, the parties have a say in how they find a solution and not (have) a solution thrust on them. That I think is the principle of mediation apart from keeping the relationships intact,” Justice Kaul said.

He offered some reflections on the developments in legal education, emphasising the importance of using different methods of instruction such as case method, Socratic dialogue and incorporating experiential learning in the classroom, a release from NALSAR University of Law said.

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“Socratic learning also teaches us something important about our political spaces. We live in exceedingly polarised times and we find daily instances of deeply disturbing political speeches. These absurd and provocative statements are made only because everyone is interested in defending the political positions to the hilt. But that is not the message of Socratic method or even of our Constitution,” Justice Kaul said.

He advised the graduating students to concentrate on learning from experienced mentors and to keep an open mind in public discussions.

Justice Kaul specifically addressed the career paths that can be taken by law graduates such as litigation, judicial services, commercial law firms and academics among others, the release said.

Supreme Court judge Justice P S Narasimha, Telangana High Court Chief Justice Alok Aradhe and NALSAR Vice-Chancellor Prof. Srikrishna Deva Rao were among the dignitaries who were present at the convocation.

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