The Global Pound Conference (GPC) Series is an initiative aimed at improving access to and the quality of justice in civil and commercial conflicts. The series brings together diverse stakeholders, including commercial parties, lawyers, experts, chambers of commerce, academics, judges, arbitrators, mediators, conciliators, policy makers, and government officials, to discuss and gather perspectives on the current state and future of dispute resolution.

In India, the GPC has been instrumental in fostering dialogue and generating actionable data to inform public policy and private dispute resolution choices. The conferences have provided a platform for stakeholders to share their views and experiences, contributing to a global conversation on how conflict can and should be managed in the 21st century.

CHANDIGARH, 12TH MAY, 2017:

The Global Pound Conference Series, India took off to a momentous start here at the Chandigarh Judicial Academy, Sector 43, Chandigarh, INDIA on 12th of May, 2017.

The event was graced by the Judges of the Hon’ble Supreme Court of India including Hon’ble Mr. Justice Dipak Misra, Hon’ble Mr. Justice Madan B. Lokur and Hon’ble Mr. Justice A.K. Sikri. The inaugural speech was made by Hon’ble Mr. Justice Dipak Misra, who in addition to stressing on the importance of Alternative Dispute Resolution Mechanisms also suggested innovative modes of ADR to make justice accessible to the common man.

Speaking at the event, Hon’ble Mr. Justice Misra made it amply clear that access to justice to all is the command of the Constitution of India and remains as one of the primary and fundamental facets of human rights. The idea of Mediation, concept of Lok Adalat, conception of Arbitration and Conciliation and the perception of negotiations fall within the larger ambit of the Alternative Dispute Resolution system and the same reflects the concept of justice in the society.

The Hon’ble Supreme Court Judge raised important questions that require to be answered before the appropriate Dispute Resolution procedure is selected for effective resolution of a particular dispute. He stated that it is important to know the goals of parties in the existing processes before examining the aspects of the dispute in question that makes it amenable to resolution by one or the other process. It is only after this exercise that the appropriate dispute resolution procedure can be adopted.

Hon’ble Mr. Justice Misra brought to light the evolution of ADR mechanism within the Indian Legal system and further highlighted the positive roles that have been adopted by the legal institutions, practitioners as well as the litigants. He stressed that the concept of Mediation has become a successful reality in India and certain resolutions have been passed by the National Legal Services Authority (NALSA) to strengthen mediation throughout the country. Mediation has been ingrained in the State Judicial Academies and in the working of Judicial Officers as well as the High Courts. He also laid comparison with the processes of mediation in other jurisdiction such as England, United States, Australia and Germany and suggested that mediation be further strengthened and encouraged in India.

Before highlighting the contribution of India in the field of Arbitration, Justice Misra candidly admitted to the delay in respect of arbitral proceedings and post-arbitral adjudication in Court. However, he stated that India has witnessed a rapid increase in number of commercial disputes and it has undertaken major reforms in its arbitration law in recent years.

It was a moment of pride when the Hon’ble Judge expressed that India has the potential to become the focal point and nerve center of arbitration and the steps taken are bound to inculcate faith in the global commercial world.

Before parting with the audience, Justice Misra suggested innovative techniques such as the Online Dispute Resolution mechanisms to increase greater outreach to the ultimate consumer of justice delivery services. The Army of techno-lawyers at the grass-root level could organise online dispute resolution with Indian and foreign companies and that system can offer a speedier, inexpensive method of adjudication.

In conclusion, the keynote address by Justice Dipak Misra instill confidence in the participants of the conference as well as in the minds of the heads of the Indian Legal institutions that India has taken drastic steps in the field of arbitration and mediation and it has the potential to become the focal point of Alternative Dispute Resolution in the future.

For IMO, it was a great privilege to be part of such a big and important conference.  It is relevant to note that the demand for justice will only grow in the days to and therefore there is always a need to improve the existing justice delivery mechanism and at the same time to explore new ways to dispense justice.

Some of the takeaways from the panel discussions:

1. Central and state government need to come forward to promote ADR mechanisms as they are the major litigants. The National Litigation Policy should be implemented effectively.
2. The voting results of GPC India suggests that parties are not giving importance to ‘relationship’. The panelists observed that it could be because parties are not aware of actual benefits of ‘mediation’. Parties think ‘mediation’ as just another method of resolving the dispute but they don’t know that ‘mediation’ can also be used to maintain the relationship with other parties. Therefore, more awareness should be spread about the benefits of amicable dispute resolution mechanism
3. It is important that we promote and publicize the success stories of mediation so that all parties are aware of its benefits
4. Voting results of GPC India show that voters prefer consensual process for resolving disputes.
5. Mediation cannot be pro-bono service! It is important that the mediation in India is developed to an institutional level so that it can be taken as a profession
6. Once the mediation becomes a full-fledged profession a lot of issues will arise and therefore it is important that all stakeholders start looking for a model legislation.
7. Early mediation can not only help in resolving disputes but it can also help in avoiding future disputes. Effective and successful mediation leads to satisfaction of both parties and therefore reduces further disputes and this ultimately leads to peace.

8. Mediation should be the primary mechanism for resolution of disputes not secondary.
9. There must be specialised training programmes for mediation because domain knowledge is highly important for effective mediation. “Excellent training is the ray of hope for the development of mediation in India
10. Mere certification of new mediators will not help. There is need of quality control of existing mediators. An autonomous regulators body should be established to regulate mediation and arbitration institutes to ensure world class quality
11. There is a need for ‘Fast Track Mediation’ – especially in commercial disputes.
12. Teaching ADR should not be limited to law schools. It needs to be spread to all domain, institutions and all stakeholders should be made aware of its benefits
13. There is need to go through all Indian legislations and see at what stage of dispute mediation can be done and what kind of mediation has to be done. At different stages of the dispute, a different style of mediation is required.

IMO’s contribution during the GPC series in India during 2017