00:00Shri Nara Chandra Babu Naya Doji Honorable Chief Minister of Andhra Pradesh
00:08My esteemed colleagues from the Supreme Court of India
00:12Justice J.K. Maheshwari, Justice P.S. Narsimha, Justice Prashant Kumar Misra, Justice S.B. Bhatti and Justice Joe Malia
00:22Baagji
00:24Justice Dheera Singh Thakur, Honorable Chief Justice of Andhra Pradesh High Court
00:31Justice Manumdar Nath Roy, Judge High Court of Andhra Pradesh and Executive Chairperson of the Andhra Pradesh State Legal Service
00:41Authority
00:42My sister and brother judges of the Andhra Pradesh High Court, Honorable former judges of the High Court
00:50Registrar General and other Judicial Officers of the Judiciary of State of Andhra Pradesh
00:59Distinguished Members of the High Court and Vijaybada Bar
01:07Trained Mediators
01:11Members of the Legal Fraternity
01:12Ladies and Gentlemen, Friends from Media
01:21The delay in arrival in this program and subsequent curtailment in time
01:30This all the responsibility I must own before you
01:35Due to multiple events today
01:38And because of my commitment that I had to leave for Delhi
01:41For some late evening meeting
01:44That I requested some of my colleagues
01:48And therefore we decided that my brother Justice Maheshwari and I on behalf of the Judiciary will share our views
01:54I must congratulate the Andhra Pradesh State Legal Service Authority
02:00For organizing this event, this symposium on mediation
02:05With a very sensitizing theme, dialogue as cornerstone of justice
02:14Emphasizing on the importance and value of mediation
02:19As a very effective tool of judicial tool
02:24For resolution of the disputes
02:26I no longer address mediation as an alternative dispute resolution mechanism
02:32If you will reflect
02:34The first international mediation conference that was held in Delhi
02:39I propounded this idea that for the popularity of mediation
02:45As a very effective tool of
02:49And an ideal modicum for resolving the disputes through a win-win situation
02:55Let us not say it as an alternative
02:58Rather it should be a preferred mode of adjudication of the disputes
03:03And I am very happy that as a national policy
03:06Thereafter the mediation is no longer quoted as an alternative dispute resolution
03:15The mediation, all of you know, is something in our DNA
03:21In India, you go by any centuries old, you thousands years old
03:27The entire history will speak how mediation has been always a very effective mode of dispute resolution
03:35All of you know, Lord Krishna is quoted as the first codified mediator
03:43Who tried to resolve between the two warring groups
03:47That story where Krishna, Lord Krishna failed to mediate between the two warring groups
03:53Also tells one thing which really puts us into introspection
03:58And how then it becomes important for us to really emphasize on mediation
04:04Because
04:07The two warring groups, despite intervention by Lord Krishna
04:11Failed to mediate and resolve their dispute
04:13All of you know what happened
04:16Mahabharata
04:17And therefore, this is how the two neighbors to the people, to groups, they start fighting
04:23And unless we have an effective mediation
04:26This fight continues for decades and decades
04:29And going by our system
04:31Where the courts are burdened with so much litigation
04:35And there are multiple factors
04:38The amount of court cases which are flowing
04:43And the people are preferring to come to the courts
04:46It is not possible for us to fix a timeline within which the matters can be resolved
04:54Of course, most of the matters like family disputes or the commercial disputes
04:58Now that we have specialized courts, we are able to resolve those disputes
05:02But there are certain matters which remain pending for quite some time
05:05So in that kind of scenario
05:08The mediation becomes a very very effective tool for a resolution for us
05:13Now the question that arises about mediation is
05:16That
05:18Let us first of all
05:21Feel
05:23With lot of immense satisfaction that
05:26Mediation has now a structured
05:28Statute with the passage of the Mediation Act of 2023
05:32Now that we have a statutory backup
05:35And even the mediation resulted into some kind of settlement
05:40Those can also be now taken as unforeseeable decree
05:43That itself is a very welcome step for encouraging mediation
05:47The second thing about the mediation
05:52That how to ensure that it becomes continue to be popularized
05:56Three things my dear friends
06:00Particularly the trained mediators
06:01That we always need to keep in mind
06:04One
06:05The first of all the parties must have trust and faith in the mediator
06:09So it is extremely important that whosoever is appointed as a mediator
06:13The parties take him seriously
06:15And they show that they have faith and trust in that mediator
06:18So the choice of mediator is a very very crucial factor
06:22And the entire training program particularly by the institutes like the state legal service authority
06:28Or the high court legal aid committees
06:30Or any mediation committees which the high courts have constituted
06:34It is extremely important to select and panel the mediators
06:39The second is the faith in the institution where the mediator is appointed
06:46As all of you know
06:47That judiciary is still trusted as one of the most faithful institutions
06:53By the common citizenry of this country
06:55And that is the reason when I was saying that
06:58There is a lot of inflow of litigation
06:59Because people trust judiciary
07:01So therefore if the mediation is initiated from the side of the judiciary
07:06The adaptability and acceptability will be much more as compared to
07:11The private platforms coming in the field of mediation
07:14Therefore I take it as an earnest duty of the judiciary
07:17To promote mediation
07:19Because yours is a platform which is trusted by the people of this country
07:24And once you promote
07:25Then people will wholeheartedly accept it
07:29And the outcome will be very encouraging
07:32The third thing which is equally important
07:35Is the enforceability of the mediation terms and conditions
07:41Once the parties settle down
07:43And therefore that endeavor is also on the judiciary
07:46That how we convert those
07:48The mediated resolutions
07:51Into the binding kind of orders
07:55Or the decrees between the parties
07:56And therefore that takes care of
07:58The doubt on the outcome
08:03Final outcome on the mediation
08:04As well as the uncertainty sometimes
08:07Which leads to
08:08About the final outcome of a mediation
08:11That also is effectively addressed
08:13Once we have a mechanism to enforce
08:16Those mediated orders
08:19I must tell you that the mediation is now
08:24A very preferred way of dispute resolution
08:27Not only in India
08:28But on the global map
08:30When I took over as executive chairperson
08:33Of the National Legal Service Authority
08:35By that time I had an experience of
08:37The first hand experience I would say
08:40Of seeing how mediation is getting popularized
08:43At different parts of the world
08:45I was in 2023 invited by the Federal Court Bar Association
08:51Of Malaysia
08:51Like Supreme Court Bar Association
08:53They invited me to inaugurate their
08:56International Mediation Center in Kuala Lumpur
08:58I received then an invite from the Chief Justice of Malaysia
09:01And I went there
09:03I was amazed to see
09:04That how the bar is so proactively
09:07Promoting mediation
09:08Establishing an international mediation center
09:11And attracting the global dispute
09:15You know the platforms
09:17And the global startups
09:20Or the other
09:21The commercial entities
09:23To come there
09:24And resolve their disputes amicably
09:26Under the platform of the mediation
09:28So was in Singapore
09:29So was in other countries
09:32When I was still
09:33So when I took over as executive chairman
09:35Of the NALSA
09:36I thought that this is a high time
09:37That we must popularize mediation
09:40And therefore as all of you understand
09:42I gave the call of mediation for the nation
09:45And I can proudly say
09:46That after that
09:48The mediation has really picked up momentum
09:50And now
09:52Mediation
09:53In India
09:54Is not
09:55Only in the discussion
09:57Within the halls
09:58Or within the elite clubs
09:59Or in the urban areas
10:00Mediation has entered into villages
10:03Mediation has entered into streets
10:04Mediation has entered into the households
10:07Where the unfortunate disputes are there
10:11And we have to continue
10:12With this momentum
10:13And make it sure
10:15That as I said
10:17That mediation continues to be
10:18The preferred destination
10:20It's cost effective
10:21The parties live with harmony
10:23They are very happy
10:24Now I can give you one small example
10:26Of how the
10:27Today's only the mediation is successful
10:29You had some issue
10:30I am not saying a dispute
10:32But the mediators
10:33In Andhra Pradesh
10:34Had some issue
10:35With regard to their contrarium
10:37Honorable chief trustees
10:38Has acted your mediator
10:39And Honorable chief minister
10:41Has accepted your demand
10:42That's a successful story
10:43Of the mediation
10:44In your own state
10:46In your own issue related
10:48The other story
10:49The Honorable chief minister
10:51Shared with you
10:52That how successfully
10:53He persuaded the farmers
10:55For the land pooling scheme
10:57And they agreed to
10:58So
10:59It is not
11:00The bulk disputes
11:01Can also be resolved
11:02On the platform of mediation
11:04The India is growing
11:06So is our economy
11:07The start-ups
11:08The new industries
11:09The big industries
11:10The commercial entities
11:11Are entering our market
11:12And when the commerce enters
11:14The dispute is but natural
11:16The disputes will also enter
11:18And for resolving every dispute
11:20It's not necessary
11:21That conventional code
11:22Should be the platform
11:23And
11:25The arbitration
11:27As another
11:28Dispute resolution mechanism
11:30Has also its own impact
11:32On cost
11:33So it's not that
11:34Every commercial dispute
11:36Can also
11:36Be resolved only
11:38Through arbitration
11:39Because the cost
11:40Effectivity question comes
11:41Timeline comes
11:42Mediation
11:43As it takes
11:44Lesser time
11:45Less cost
11:46And
11:47As I said
11:48The best part is
11:49The harmony
11:50And therefore
11:51The commercial entities
11:53The business people
11:54Are preferring mediation
11:56Because
11:56Not only that
11:57The dispute is resolved
11:58It also maintains
11:59Their relationship intact
12:01For future business transactions
12:03So the dispute comes
12:05To a happy end
12:06And therefore
12:07They continues to have
12:08Their business relationship
12:09In Andhra Pradesh
12:11That Amravati
12:13As a future city
12:14Coming on the global map
12:15You have other cities
12:17Also like
12:18YZG
12:18Or where the commercial entities
12:20Are coming
12:20And therefore
12:21Mediation
12:22Is a very very powerful tool
12:25Which only you trained mediators
12:27Can really promote
12:28The temperament
12:30The conduct
12:31The integrity
12:32The mediation culture
12:35Of the mediators
12:36Plays a very vital role
12:38For the success
12:40Of the mediation
12:41I am quite sure
12:42That through training programs
12:44The legal service authority
12:45Your mediation committee
12:46And other platforms
12:48Will continue to provide you
12:50The periodical training programs
12:53And to continue to update you
12:55About the nuances of mediation
12:57So that all of you
12:59Continue as successful mediators
13:01And you adopt mediation
13:03As a part of your
13:05Legal professional culture
13:06All my best wishes to you
13:08I am quite sure
13:09That in today's symposium
13:10Also
13:11In your own deliberations
13:12Your conversations
13:13Will have the exchange
13:15Of best of the ideas
13:16And best practices
13:17And it will ultimately
13:19Will develop a mediation culture
13:22In the state of Andhra Pradesh
13:23My best wishes to all of you
13:25Thank you very much
13:26For inviting me
13:26Jai Hind Jai Bar
13:27Thank you very much
13:28Thank you very much
13:28Thank you very much
13:29Thank you very much
13:29Thank you very much
13:30Thank you very much
13:30Thank you very much
13:30Thank you very much
13:31Thank you very much
13:32Thank you very much
13:37Thank you very much
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