Updated: Feb 7
Written by - Mr. Param Bhamra
Long answer short, Yes. Mediation is the way of future, efficient yet effective.
We face backlogs of bundles of cases and the cases concerning human rights are vital to be resolved sooner rather than later.
That being said, we can’t possibly mediate all the human right cases, such as infringement of Right to life or right to speech, some need strict enforcement and setting up precedents from judiciary. Whereas, little things such as a child getting denied education because state school can’t provide free education, can be opened up to Mediation if both the parties are willing.
It is most commonly believed that one party will be dominant over the other in cases like these, as one of the party will be state and there will be power imbalance, but it will rest on the qualified mediator to mediate a win-win situation between both the parties.
If the complainant is of the view that they suffered due to the power imbalance, they can still go to court as no one can stop them from doing so. But the thing that matters is, “they tried to mediate”. Even if Mediation works 1 out of 10 times, it’s still worth it as it can release pressure from the judiciary and let judiciary focus on more concerning and major issues.
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