Community mediation

Community-based mediation can make justice more accessible to rural people as it can solve local problems locally saving both time and money, legal experts said at a conference in the capital recently. We believe they have a good point to make given that the road to justice is often too long as burgeoning court queues, rising costs of litigation and time delays continue to plague litigants. 

The main advantage of this form of dispute settlement, which falls under the domain of Alternative Dispute Resolution (ADR), is that it allows parties involved to control the process and the solution. Many countries of the world have adopted ADR mechanisms and achieved significant success in reducing backlog of cases and increasing access to justice for the poor. Mediators are trained individuals who bring opposite parties together and attempt to work out a settlement or agreement that both parties accept or reject. Proper training is crucial to ensure that there is no abuse of power. The scope of mediation is wide-it can be used for cases ranging from juvenile felonies to land disputes. Mediation in some countries has become a significant method for resolving disputes between investors and stock brokers. 

Our courts are overburdened with cases and there is a serious shortage of judges. More than three million cases remained un-adjudicated until the end of last year and the number is like to hit around 5 million by 2020. Not only mediation but other forms of ADR which include early neutral evaluation, negotiation, conciliation and arbitration can be equally effective to settle cases outside of the courtroom. The government needs to build capacity in ADR at the grass roots level. NGOs can play an important role by building awareness.