Mediation is far more intelligible and meaningful than litigation: Justice Surepalli Nanda

Mediation is much more understandable and relevant to its users compared to litigation, as it is relatively informal and less technical, Justice Surepalli Nanda of the Telangana High Court recently said.."Mediation is far more intelligible and meaningful to its users than litigation, because it is relatively informal and untechnical, and the processes of mediation focus on the needs and interests of the parties rather than on legal concepts and doctrines that are often foreign to laypersons," she remarked..Justice Nanda was speaking at a round table conference organised by the International Arbitration and Mediation Centre (IAMC), Hyderabad.In her speech, Justice Nanda stated that mediation is uniquely suited to advancing the 'peacebuilding' role of our justice systems."First, unlike the adversarial and zero-sum nature of litigation, mediation focuses on achieving an amicable settlement that serves the interests of all parties. Hence, it is more likely to achieve an outcome that preserves the relationships between the parties. Second, because mediation is attuned to the needs and interests of the parties, it is more likely to get to the heart of a dispute. It can therefore yield a more holistic and enduring solution to the underlying sources of conflict, in comparison to adjudicative forms of dispute resolution," she added..She went on to remark that it is time for international commercial mediation to take center stage, considering the challenges facing adjudicative dispute resolution methods and the inherent suitability of mediation for certain types of commercial disputes."...parties have far more control over the outcome, the possibility of a continued relationship between parties after the dispute resolution process, greater options for choice of mediator with varied expertise, as there is no requirement for a legally trained mediator.".The judge also remarked that international mediation has experienced a lengthy and somewhat troubled development. However, she noted that it has successfully overcome various doubts and challenges, and has now emerged as a crucial tool for resolving cross-border disputes."It is now incumbent on our courts to usher in this fast-developing mechanism, and to integrate it into the broader frameworks of transnational dispute resolution, so that we may advance the fundamental ideals of our justice systems," she highlighted..She also went through the key provisions of the Mediation Act, 2023 and spoke on what the courts have held on pre-litigation mediation.