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MEDIATION IN CRIMINAL DISPUTES IN INDIA
2
Author(s):
DR. SANJAY SOLANKI,MR. MOHIT KUKADIA
Vol - 10, Issue- 7 ,
Page(s) : 245 - 262
(2019 )
DOI : https://doi.org/10.32804/IRJMSH
Abstract
The judiciary acts as the backbone of the Indian democracy, by ensuring social order while furthering the ends of justice. The existence of an independent and unbiased judiciary is necessary for the preservation of citizen's rights and the maintenance of the rule of law. Further, studies indicate that the effectiveness of the justice system, in particular, has a profound impact on us as a society, as it helps to maintain a peaceful state and a stable economy. Authoritative judicial determination, wherein the coercive power of the State compels unwilling litigants to come to the negotiating table, is crucial to ensure that weaker parties are sable to enforce their legal and contractual rights. Thus, the existence of a criminal justice system, which functions efficiently and adjudicates expeditiously, is indispensable for the continued survival of any democracy.
- Ethan Katsh, “Dispute Resolution in Cyberspace,”
- http://thecompanion.in/tli-pendency-in-indian-courts/
- Ibid 10
- https://www.saddahaq.com/fast-track-courts-might-help-reduce-pendency-in-courts-but-are-the-governments-interested
- https://www.youthkiawaaz.com/2016/05/judiciary-pending-cases-india/
- Definition by David Gelernter, a computer scientist
- Although as early as November 1992, a meditation workshop was conducted by the Singapore International Arbitration Centre in conjunction with the Law Society, 1994 refers to the institutionalisation of mediation in the Singapore judicial system.v
- Several other articles have been written about mediation in Singapore. Sec for example, ADR: A case for Singapore, Lim Lan Yuan, (1994) 6 Singapore Academy of Law Journal 47; Finding the Right Fit, Lim Chuen Ren, Oct. 1996 The Singapore Law Gazette 26; Charting the Right Course, Lim Chuen Ren, Jan 1997 The Singapore Law Gazette 22; Family Mediation — Coming of Age?March 1996 The Singapore Law Gazette 16; and The Family Court of Singapore, Doris Lai-Chia (1995) 5 SJLS 655; Court Mediation in Singapore, Lim Lan Yuan & Liew Thiam Leng (1997).
- Dispute Resolution: Negotiation, Mediation and Other Processes, Goldberg, Sander & Rogers (1992), p. 103 (hereinafter Goldberg, Sander & Rogers).
- Settling Disputes, Linda R. Singer (1990), p. 20.
- The Mediation Process: Practical Strategies for Resolving Conflict, Christopher W. Moore (1996, 2nd Ed.), p. 8.
- Ibid. First edition (1986), p. 13.
- Having said so, it is interesting to note that Henry Kissinger in his conduct of shuttle diplomacy in the Middle East, and even Jimmy Carter, have been celebrated as successful mediators, but they were hardly neutral. These are cases of “mediation with clout” which is probably most effective in complex cases where the party with “clout” has some moral basis for their actions, but may not be appropriate for domestic disputes.
- For a further exposition on the precise roles of a mediator in a mediation, see Section IV post.
- Extensive references to studies of mediation in ancient China and Korea are referred to in Community Mediation in China and Korea: Some Similarities and Differences James A Wall Jr (1993) Negotiation Journal 141. See also The Influence of Chinese Philosophies on Mediation and Conciliation in the Far East, Low Sui Pheng (1996) 62(1) Arbitration 16 citing Lim Lan Yuan in Resolving Disputes by Mediation in the Proceedings of the SBEM Silver Jubilee Arbitration and ADR Seminar organised by the School of Building and Estate Management, National University of Singapore, January 1995.
- The Study Group on Mediation and Conflict Resolution is an informal study group comprising academics from the Faculties of Arts and Social Sciences, Business Administration and Law at the National University of Singapore. The group was formed in 1995 and is engaged in several projects on mediation and conflict resolution.
- The research project on commercial mediation and traditional dispute resolution commenced in January 1997 is headed by Dr Chia Ho Beng of the Department of Organisational Behaviour, Faculty of Business Administration, National University of Singapore.
- These points are summarised from Goldberg, Sander & Rogers, supra note 3 at p. 85. An excellent treatise on the reasons why negotiations fail is Barriers to Conflict Resolution Arrow, Mnookin, Ross, Tvcrsky and Wilson Eds. (1995).
- These points are summarised from Goldberg, Sander & Rogers supra note 3 at p. 103.
- See Section III post.
- The World of Mediation: A Spectrum of Styles Robin N. Amadei and Lillian S Lehrburger, published on the internet.
- Roger Fisher & William Ury with Bruce Patlon (2nd Ed., 1991), Chapter 3 Focus on Interests not Positions p. 40-55.
- Supra note 3 at p. 36.
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- Jossey-Rass, 1994.
- The Structure of Magic I J Grinder & R Bandler (1975, Science and Behaviour Books, Palo Alto).
- Frogs into Princes R Bandler & John Grinder (Real People Press, Utah, 1979) p 87; Introducing NLP J O'Connor & J Seymour (Aquarian Press, London, 1993, Revised Edition), pp 64-65
- Body Language A Pease (Camel Publishing Company, Sydney, 1981) p 125.
- Neuro-Linguistic Programming and Mediation Joel Lee (1995, unpublished) pp 15-16.
- Readers familiar with interest-based mediation will recognise this as the distinction between interests and positions.
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