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Central Government's motto should be mediate, not litigate - CJI DY chandrachud
The Chief Justice of India, DY Chandrachud, recently stated that the motto of the central government should be to mediate and not litigate. This statement has been widely discussed and has raised several important questions about the role of the government in resolving disputes.
The central government is often involved in a vast number of legal disputes, ranging from land disputes to corporate matters. While litigation is an important tool for resolving disputes, it is often time-consuming, expensive, and can significantly burden the courts. This is where mediation comes in.
Mediation is a form of dispute resolution that involves a neutral third party, called a mediator, who facilitates communication between the parties to help them reach a mutually acceptable solution. Unlike litigation, which is often adversarial and leads to a winner-takes-all outcome, mediation encourages collaboration and can result in a win-win solution for all parties involved.
The Chief Justice's statement suggests that the central government should prioritize mediation to resolve disputes rather than resorting to litigation. This would not only reduce the burden on the courts but also promote a more collaborative approach to dispute resolution, which could lead to more peaceful and sustainable outcomes.
However, implementing such a shift in approach would require a significant change in mindset and a willingness to embrace new methods of conflict resolution. It would also require the government to invest in mediation infrastructure and training for its officials and promote awareness and education about mediation as a viable alternative to litigation.
Moreover, there are certain types of disputes where mediation may not be appropriate, such as cases involving serious criminal offences or national security issues. In such cases, litigation may be necessary to ensure justice is served and public safety is protected.
In conclusion, the Chief Justice's statement that the central government's motto should be to mediate and not litigate is a welcome call to action. While litigation will always have a role to play in resolving disputes, mediation can offer a more effective and efficient alternative that prioritizes collaboration and mutual benefit. It is up to the government to embrace this shift in approach and work towards creating a more peaceful and just society.
