Legales cases in India and the need of Mediation


Mr. Ashish Kumar is currently a Ph.D. Candidate in Law in the prestigious Faculty of Law, University of Delhi. He is pursuing his doctoral research in the area of mediation which at the moment has entered its final stage, and is likely to be submitted in 2013. After passing his LL.M. from the same faculty, he worked for one year as an Assistant Professor in Law in India's well known Amity University.  He has also been occasionally involved in civil and criminal litigations. In June 2012, he successfully participated in mediation programme in Budapest, Hungary, thereby enabling him to get 40 hours training in mediation.  He is immensely driven by his passion for mediation and other pacific conflict resolution mechanisms. Mediation and not litigation, according to him, is the default option for dispute resolution. His primary motivation for joining World Mediation Organization (WMO) - formerly known as World-Mediation-Centre - is precisely for popularizing the concept of mediation around the world. Being a District Manager, New Delhi on behalf of WMO, he foresees immense potential of mediation in building and sustaining  a peaceful society in India.

 So far, the content and inner truth of the following statement is the one that troubles him most: "With the current backlogs and dismal disposal rates of cases, it would take more than 200 years for Indian Judiciary to clear the backlogs and arrears, that too if no new case is filed". (See "Vision Statement" presented to Hon'ble Mr. Justice KG Balakrishnan by Dr. M. Veerappa Moily at the National Conference for Strengthening the Judiciary Towards Reducing Pendency and Delays, October 24, 2009, Vigyan Bhawan, New Delhi.

Mr. Kumar clarifies: "The vast domain of Alternative Dispute Resolution, more particularly, mediation has always been my interest area in law. Mediation, in my view, is the most potent tool to realizing quick, efficient and harmonious justice all over the world. Therefore, its benefits and advantages must be promoted in the society. People should be made aware of the pitfalls of a prolonged court battles and encouraged to settle their disputes through mediation in an amicable manner. Mediation also marks the transition of society towards a more tolerant one where the disputants settle their differences in a way which does not endanger their future relationship. This also hints at a more advanced form of democratic values in a given society.

I am motivated to join as a DM under the auspices of WMO as I understand that this fast developing organization is very committed to the promotion of mediation all over the  world. By joining this, I will avail of the multiple opportunities which it will offer. Besides, this will help me in ensuring that ‘mediation’ reaches every nook and corner of this immensely vast  country. Here in India, more than 30 million cases are pending in the courts. With the current pace, the same will take not less than 200 hundred years to clear the arrears if no new cases are filed. Therefore, the role of mediation here becomes very pertinent. By becoming a partner with WMO, I am going to have tremendous opportunities to be a part of a network which will help manage the past, present and future conflicts through mediation

I am of the opinion that “WMO has lot of potentials in India” and vice versa. I firmly believe that by joining  as DM , I will be distinctly benefitted insofar as the same will help grow my career profile in  the area of mediation. With my Ph.D. degree being specifically in the field of mediation, I will make sure that my expertise is used to the maximum advantage of WMO. Given all such credentials, I strongly self-advocate for allowing me to  join this fast developing organization.“


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