Journo’s Judicious View
By a staff reporter
A Journo’s view of Mediation albeit a paradox was well received at a law conference held yesterday, by the Thakur Ramnarayan College of Law, at Dhaisar, Mumbai.
Subjects ranged from impact of competition law in the health care market, comparative analysis of Indian Price fixing cartel, constitutionality of the right to die, transformation of personnel laws need of the hour, Local arbitration and mediation to space mining. Edrich Miranda a journo with the “Afternoon D & C”, had a free run with his presentation of exposing lacuna in Local Arbitration and Mediation through a non advocate’s perception, unlike those in the field of law, who could not traverse constraints by virtue of being in the legal profession. Edrich had no fetters or restraint to hold him from presenting what he perceived as the true account of daily transpires in subordinate courts in Mumbai, Where Magistrates conduct mediation behind closed doors, litigants and advocates are made to vacate the court room, while the proceedings go on, resulting in, that many court hours, being wrongly utilized, at the peril of other litigants, another of his critical observations was that magistrates don’t qualify to preside over Mediation, because it involves more of psychology and less of law. Alleging that mediation, which is being done at various courts in Mumbai, Thane, New Mumbai, Palghar and other parts of Maharashtra, matters are referred to mediation through dictates, by magistrates and judges, who tell advocates in open courts, “I want you to refer at least ten cases to mediation”, advocates are pressurized to refer cases, this may appear innocuous but; is done with intention, of inflating the case disposal chart, which is linked to the promotion of a magistrate or judge, such strategy is O.K. in industry, such as production linked bonus, but is despicable in the legal arena, he said.
Another disturbing aspect of Mediation is funds by state are used in a wanton manner, resulting in loss to the Exchequer as ancillaries and auxiliaries expenditure is more than that which is contributed towards promoting substantive mediation, officials are anxious how to exhaust the funds by the end of the term, just like M. P’s, M.L.A’s and Municipal Corporators, would like to exhaust their funds before the end of their term or before elections.