In a significant development, the Karnataka High Court has introduced a new directive requiring all parties involved in civil disputes to attempt mediation before proceeding with litigation. The move is part of a broader initiative to ease the growing backlog of cases in the judiciary and encourage more peaceful resolutions.
The directive mandates that parties must first approach a court-appointed mediator to seek an amicable settlement. Only if mediation fails can the parties proceed with filing a formal suit in court. This rule applies to all civil matters, including property disputes, contract disagreements, and family issues.
Justice Ramesh Kumar, who spearheaded the initiative, stated, “The objective is to reduce the burden on the courts and provide a faster, more efficient means of resolving disputes. Mediation offers a less adversarial approach, which often leads to more satisfactory outcomes for both parties.”
While the directive has been lauded by many in the legal community, it has also sparked controversy. Some lawyers argue that mandatory mediation could delay justice and may not be suitable for all types of cases. “While mediation is beneficial in certain disputes, making it compulsory might lead to unnecessary delays, especially in cases where parties are unwilling to cooperate,” said Advocate Prashant Rao.
On the other hand, supporters of the directive believe it will lead to a more efficient legal process and reduce the number of frivolous lawsuits. “Mediation encourages dialogue and understanding, which can prevent the escalation of conflicts. This is a positive step towards a more humane and efficient justice system,” said legal scholar Dr. Priya Menon.
The High Court has also established a panel of certified mediators, consisting of retired judges and experienced legal professionals, to oversee the mediation process. Training programs will be provided to ensure that mediators are equipped to handle a wide range of disputes.
The directive is set to take effect from January 2025, and courts across Karnataka are expected to integrate this new process into their operations. While the long-term impact of this policy remains to be seen, it marks a notable shift towards alternative dispute resolution mechanisms in the Indian legal system.