Courts must be last option: CJI

Tribune News Service

New Delhi, December 4

As pendency of cases continues to rise, Chief Justice of India NV Ramana on Saturday advised litigants, particularly businessmen, to treat litigation as the last resort — only after exploring alternative dispute resolution (ADR) mechanisms such as arbitration, mediation and conciliation to resolve their disputes.

“My advice, after participating in the legal profession for over 40 years in different capacities, is that you must keep the option of going to courts as the last resort. Use this last resort only after exploring the option of ADR — arbitration, mediation and conciliation. Arbitration and mediation are efforts at restoring a relationship,” the CJI said while addressing the ‘Stakeholders’ Conclave’ at the International Arbitration and Mediation Centre, Hyderabad.

Citing various reasons for opting for mediation or arbitration over traditional litigation, he said there were several benefits of ADR — fewer delays, less expensive, greater party choice, more control, more comfortable and amicable environment for the parties.

Justice Ramana wondered if anyone could even imagine a world without conflicts. “A prudent person tries to find ways to resolve these amicably. Conflicts have a human face and it helps to be humane in our approach to resolve these. One must have the foresight to look beyond the conflict,” the CJI noted.