Law Students Should Be Trained With Soft Skills Essential For Effective Mediation : Justice BR Gavai
"It is important to equip the students with soft skills essential for effective mediation. Mediation is a human process that requires empathy, active listening, emotional intelligence and the ability to facilitate dialogue. These are skills that cannot be acquired solely through textbooks. It must be cultivated through experimental learning, role plays, and hands-on training," said Justice...
"It is important to equip the students with soft skills essential for effective mediation. Mediation is a human process that requires empathy, active listening, emotional intelligence and the ability to facilitate dialogue. These are skills that cannot be acquired solely through textbooks. It must be cultivated through experimental learning, role plays, and hands-on training," said Justice B.R. Gavai, Judge of the Supreme Court and also next in line as the 52nd Chief Justice of India.
He further quoted Martha C. Nussbaum, Professor of Law and Philosophy at the University of Chicago, who had said: "Human life is a charity business and we all feel anxious that readers want more control, including control over other people."
He remarked that this observation is particularly relevant to the world of disputes, where emotions often drive actions more than reasons.
"Legal education must therefore prepare students not just to argue cases but to understand how to manage conflicts without trying to orminate or control," Justice Gavai said.
Justice Gavai was speaking at the First National Conference on the theme of 'Exploring the Efficacy and Reach of Mediation' in New Delhi. The event also marks the establishment of the 'Mediation Association of India'.
"At this juncture, the establishment of the Mediation Association of India assumes critical significance. The Mediation Association of India, envisioned and conceived under the aspiring leadership of the Attorney General of India represents a bold and forward looking vision, one that seeks to fundamentally reimagine how we, as a society, engage with conflict."
The event was graced by the President of India, Droupadi Murmu. It also included the presence of Chief Justice of India Sanjiv Khanna, Attorney General of India R. Venkataramani; Solicitor General of India, Tushar Mehta; Union Minister of Law and Justice, Arjun Ram Meghwal and Chairman of the Bar Council of India, Manan Kumar Mishra.
Justice Gavai appreciated the one-of-a-kind platform provided by the Mediation Association of India, bringing together mediators, legal professionals, policy makers, and citizens.
"In pursuit of this vision, the association will identify, promote and institutionalise best practices in mediation, ensuring that quality, integrity and consistency are harmoz of mediation processes across the country. Further, the Mediation Association of India should aspire to serve as a bridge between India's legal fraternity and the Global mediation community," Justice Gavai told the audience.
Justice Gavai also emphasised the need for online mediation, which has been legitimised and formally recognised under the Mediation Act, 2023. He concluded that only when mediation becomes an instinctive part of our dispute resolution culture, rather than an afterthought, we can truly unlock the potential of the Mediation Act, 2023.
Also read - Mediation Is Not A Lesser Form Of Justice, But Its Wiser Form : CJI Sanjiv Khanna
Mediation A Key Instrument To Realise The Vision Of Viksit Bharat By 2047 : President Droupadi Murmu