Mediation Act a watershed law: Justice Hima Kohli at first IAMC Mediation Weekend

The Mediation Act, 2023 marked a crucial turning point for mediation in India, observed Justice Hima Kohli of the Supreme Court recently at the first ever Mediation Weekend organised by the International Arbitration and Mediation Centre (IAMC), Hyderabad..The Mediation Weekend held on July 20 and July 21, 2024 at the Hyderabad International Convention Centre brought together leading mediation experts from across the globe. The gathering included judges, mediators, senior advocates, general counsel, law firm partners, industry leaders and members from the business and legal fraternity..Justice Hima Kohli was the Chief Guest for the event. Her keynote address touched upon a wide range of issues, from the origins of mediation to its future in India. She also commented on the import of the Mediation Act. "The Mediation Act, 2023 is a watershed piece of legislation that acknowledges the importance of mediation in the Indian legal system. The Act establishes a comprehensive framework for the mediation process and encourages its use as a viable method of dispute resolution. Courts are required to refer parties to mediation before proceeding with the case unless there are compelling reasons not to do so. This mandatory referral to mediation reduces the burden of the Courts and encourages faster and more effective dispute resolution," she observed. She spoke of the longstanding history of mediation, dating back centuries to the decisions made by panchayats and the prevalence of arbitration during the Chola dynasty in resolving disputes among traders and merchant guilds.She emphasized on the importance of embracing both Court-annexed mediation and private mediation centres without debating their preference and advocated for their simultaneous operation.Justice Kohli outlined the benefits of making pre-litigation mediation mandatory, drawing examples of its success in other countries and foreseeing its potential in India.Addressing the shift to Online Dispute Resolution (ODR) prompted by the COVID-19 pandemic, she acknowledged its benefits while cautioning about challenges such as data protection regulations, technical interruptions, and the high technology and infrastructure demands.Justice Kohli concluded by outlining steps for India to emerge as a global hub of mediation. In this regard, she emphasised on the need to develop robust infrastructure, foster awareness at school and college levels, and organise more outreach programs and seminars."Undoubtedly, our country stands as a reservoir of untapped potential, well positioned to ascend as a premier destination for commercial mediation on the international level. As we chart our course forward, it's vital to remember that the essence of this journey is collaborative," she added. .The welcome address for the event was rendered by Tariq Khan, Registrar of IAMC Hyderabad. George Lim, SC, Chairman, Singapore International Mediation Centre delivered the opening remarks. While promoting institutional mediation, Lim emphasized that mediation represents one of the most inclusive avenues to justice. Former Supreme Court judge, Justice RV Raveendran graced the Inaugural Session and voiced support for mediation as a highly effective method of resolving disputes.Chief Justice of the Telangana High Court, Chief Justice Alok Aradhe noted that mediation had traditionally been avoided because the lack of standardized rules seemed like insurmountable barriers. However, he added that the Mediation Act of 2023 has effectively dismantled these barriers.Justice Ashok Bhushan, Chairperson of the National Company Law Appellate Tribunal (NCLAT) spoke of how mediation cultivates trust and diminishes the stress linked with litigation. He noted that while litigation often encourages settlements, mediation delves deeper into the crux of issues to facilitate resolution. Justice Bhushan also advocated for the integration of mediation across different legal sectors, such as addressing disputes arising from the Insolvency and Banking Code, 2016..The event comprised of several panel discussions including one on “The Use of Mediation Under The Insolvency and Bankruptcy Code, 2016,” which set the stage for a Fireside Chat with George Lim, SC, on “International Trends in Mediation." .Rajah and Tann Singapore LLP then led a panel discussion on “International Commercial Transactions: The Potential of Mediation as a ‘Fresh Approach." This was followed by a session on “Mediation in Renewable Energy and Real Estate Disputes.” Day 1 of the Mediation Weekend concluded with a “Mock Mediation Session,” hosted by Shardul Amarchand Mangaldas..The second day of the Mediation Weekend kicked off with a session hosted by ADR ODR International, UK, focusing on "The Role of Mediators in a Globalized World: Skills, Training, and International Recognition."The ensuing discussions touched on cultural diversity and its impact on mediation, the unique skill set required for online mediators, and strategies for educating the next generation of students to effectively adapt to the impending transition of mediation as a preferred mode of dispute resolution..Next in line was a session led by Shardul Amarchand Mangaldas on "Mediation in Intellectual Property Disputes." The session delved into the types of IPR disputes suitable for mediation, as well as the benefits of mediation during the pre-trial and evidence stages in IPR disputes..The valedictory ceremony was attended by several dignitaries including former Supreme Court judge, Justice L Nageswara Rao, Kelly Stricklin-Coutinho, Chair of the Civil Mediation Council, and Duncan Turner, Head of the Mediation Division at the Arbitration Foundation of Southern Africa.Justice Rao emphasized on the necessity of shifting towards mediation as a preferred method of dispute resolution. He highlighted the importance of public awareness, while noting that not every minor dispute needs to go to court. Conferences like this, he added, are crucial steps in raising such awareness.