SC underlines power of mediation, applauds justice Joseph's 'artistry'
New Delhi, Dec. 10 -- The Supreme Court has underlined the transformative power of mediation in resolving entrenched disputes, even as it applauded its former judge, justice Kurian Joseph, for exemplifying the "extraordinary artistry and refined skill" that a mediator requires in resolving conflicts with fairness, dignity and mutual respect.
Recording a settlement in a decades-old property dispute, a bench of justice Sanjay Karol and N Kotiswar Singh highlighted the significance of conciliatory dialogue and said that the present case serves as an example of how profoundly effective and deeply preferable mediation can be in the resolution of property disputes.
"With the calm and considered environment that mediation provides, tensions are eased, perspectives are broadened, and the rigidity begins to yield to understanding. It is in this setting that individuals who once stood firmly opposed are able to craft a resolution that reflects not only legal rights but also fairness, practicality, and mutual respect," stated the bench in a recent order, released now.
On the role of the former judge as mediator, the bench said that justice Joseph, through his "grace and wisdom" and "gentle guidance and unwavering composure", succeeded in transforming discord into dialogue and guiding feuding parties towards resolution.
This judicial endorsement of mediation comes close on the heels of Chief Justice of India Surya Kant's remarks at the 23rd edition of the Hindustan Times Leadership Summit on Saturday, where he described mediation as one of the most transformative reforms urgently required in India's justice delivery system. Calling it a "powerful game changer," the CJI highlighted that mediation offers speed, social harmony and dignity in dispute resolution.
"Both parties leave the court with smiling faces. It brings social fabric and harmony, and speaks in the common man's language," the CJI had said, stressing that mediation will succeed only when mediators speak the language of the consumer of justice in friendly, accessible environments free from intimidation....
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