The Hindu : Tamil Nadu / Chennai News : "Government must consider alternative dispute resolution"

Online edition of India's National Newspaper
Thursday, Dec 21, 2006
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Tamil Nadu

Tamil Nadu - Chennai

"Government must consider alternative dispute resolution"

Staff Reporter

Advantage of mediation is parties can select option: Judge

CHENNAI: The Government, the largest litigant in the country, needs to consider using alternative dispute resolution methods to ensure speedier justice for all, according to Justice Chitra Venkataraman of the Madras High Court.

Delivering the D. Rangaswamy Memorial Endowment Lecture here on Tuesday, Justice Venkataraman said that although 70 per cent of cases involved the Government, there was no way to compel the Government to go in for mediation, conciliation or negotiation.

"The attitude of the Government needs to change... [they] must devise a situation whereby they come forward to have a settlement," she said.

Justice Venkataraman pointed out that the advantage of mediation was that both parties could select their option rather than accept a court-imposed option.

Win-win method

It was a win-win method, which left no losers, she said, adding that this reduced the likelihood of appeal. This would help cut costs and delays. A recent notification of the Madras High Court to curtail the exorbitant fees charged by arbitrators will remove the main charge against this method of alternative dispute resolution, she said.

She also welcomed the move to introduce online mediation system.

Justice Venkataraman warned that more courts and judges, as well as a willingness to try these alternate methods, were needed to handle the problem of kattapanchayats and prevent people from going to the streets for the old system of eye for an eye and tooth for a tooth.

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