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Legal Leadership Conclave on Arbitration & Mediation: need for proper training and support system

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7 years ago

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The need for trainers, training of mediators and some essential infrastructure and legal framework was emphasized by speakers at the second technical session of the Legal Leadership Conclave on Arbitration & Mediation organised by India Legal magazine and ENC group at Bengaluru today (Saturday, August 17).

The session was chaired by former Supreme Court judge, Justice RV Raveendran with Karnataka Lokayukta Justice PV Shetty as the co-chairperson.

Justice BV Nagarathna, speaking on Mediation: Achievements and Challenges, referred to Justice P V Shetty  as “a progressive judge” to say “we have progressive judges on the bench, there will be progress in the bar also.”

She said the Father of the Nation Mahatma Gandhiwas an effective mediator who, before coming to India, spent most of his professional life in South Africa, more as a mediator than as an advocate speaking for one side only.

To make a point on the importance and relevance of mediation, she quoted from his autobiography, “after a successful mediation, but both were happy over the result, and both rose in the public estimation. I realized that the true function of a lawyer was to unite Parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby- not even money, certainly not my soul.”

“This should be an inspiration for us in Mediation,” said Justice Nagarathna, “restricted not only to the learned mediators, message is more to our advocates – give Mediation as a process of alternative dispute resolution.”

Giving a little background of mediation in India, she said Section 89 of the court procedure, under which Mediation is recognized as the alternative to settlement of disputes between the parties, was there in 1908, but was deleted in 1940 and re-inserted in 2002.

Now SC has exhorted the state government and central governments to take action for bringing into effect alternative disputes resolution.

She said, “Legalfraternity talks of two concepts – Docket explosion and Docket exclusion. Today’s conclave is about Docket Explosion, how to curtail the Docket explosion in courts. One of the remedies found by legislature is Alternative Dispute resolution – by Mediation.”

She spoke of recognition of Mediation as an effective tool of dispute resolution, noting that the core challenge is to encourage the litigant public to mediate the disputes.

The second aspect relates to infrastructure for the mediation of disputes, which has two fold aspects: (i) software – we should have trained mediators and (ii) hardware – facilities and amenities.Legal Leadership Conclave

Among other points she made were:

Training of the mediators and providing corresponding facilities to the trainers, the mediators and the litigants is a challenge.

Emphasis should be not only training mediators but updation of legal knowledge too is important.

Parliamentary recognition of Mediation is an achievement.

Corresponding implementation is a challenge.

United Nations Convention on International settlements, agreements resulting from mediation know as Singapore Convention on Mediation are only for international commercial disputes. This is a Pre-Arbitration Mediation proceedings but implementation is a challenge as far as India is concern.

Emphasis is on the need for a Pre-Arbitration Mediation.

Challenges of Mediation

  1. Lack of trained mediators: content, schedule of training
  2. Lack of trainers
  3. Lack of referrals
  4. Lack of infrastructure particularly in district levels.
  5. Absence of suitable legislation – central/ parliamentary legislation on mediation
  6. Resistance amongst basic actors and stake holders namely judges, lawyers and litigants towards mediation.
  7. Lack of mediation managements.
  8. Lack of adequate funds

Ending on a secular note, she said, “We are all warriors seeking justice, resolution of disputes, we want there should be peace in society and peace is now guaranteed through mediation because relationship is restored. “

Senior advocate Shiv Kumar spoke on “Med-Arb : Need for Statutory Reforms and Trainings” and talked about the gaps in the system.

“We do not have a definition of ADR we do not even have a definition of Arbitration, we also do not have a definition for Med-Arb or Arb-Med,” he said.

He said we need a definition “because in this country a lot of us believe that ‘khaap panchayats’ and ‘honor killings’ is also Alternative Dispute Resolution methods. “

What we really need, he said, is to recognize and accept Med-Arb (mediation-arbitration) as a form of ADR.

“So, the first Statutory Reform that we need is the amendment of section 89-1 which will record in addition to what is already recorded the concept of Med-Arb, Arb-Med and neutral evaluation as a form of dispute resolution,” he said.

He said what is needed as a Legislative Reform is a comprehensive Code not on Mediation but on ADR.

He ended by stressing that “what ae need is creation of an independent autonomous body outside of government control  on the lines of the ISO 2000-2001organizations that certify quality, and also the creation of a Dispute Resolution Ombudsmen who will have  powers to supervise and receive and deal with complaints against this process.” 

Senior Advocate Sriram Panchu had as his topic “Arbitration and Mediation: strange bed fellows or harmonious partners “.

Panchu started with the observation that “In every litigation, relationship goes for a toss.”Mediation respects relationships, promotes them and tries to save and salvage every bit of harmony left.

Panchu quoted Chief Justice Menon of Singapore on the question of choice of mediation as dispute resolution mechanism – “What’s not to like about it?”

Pointing out a distinction between Arbitration and mediation, he said Arbitration is result oriented. “Combining mediation and arbitration has one hurdle – confidentiality of mediation proceedings is breached in arbitration. So, one way is a mediator should never become the arbitrator in the same case,” he said.

He suggested that the structure of contracts should be such as to place mediation clause before arbitration. Courts can then enforce the contract terms and contribute in effective dispute settlement. He said it was his experience that parties would want to mediate at any stage of arbitration.

He said an effective tool is the mediator sits with arbitrators while all arguments are put forth and gains complete knowledge of the case. And then, before the arbitral award is arrived at or declared, mediator speaks with parties to arrive at a mutually accepted decision.

He said mediation considers human factors like equity, fairness, family relations, emotions and sentiments that have no room in the adversarial process of litigation or arbitration where the binding verdict necessarily puts one party at a disadvantage. The basic philosophy underlying conflict resolution is “Consensus before adversarial”.

“Training is essential for mediators. Not every good arbitrator is a natural mediator. Mediation should be a professional career option.  Else it will never flourish. It has always taken a backseat, which it shouldn’t. We must focus on supply of well-trained mediators as it will also bring down the case pendency scenario in India,” said Panchu.

“Then it is going to be Appropriate Dispute Resolution instead of Alternate Dispute Resolution,” concluded Panchu.

Prof. (Dr) Ashok R Patil, spoke on “Online Mediation: the Future Technique of Mediation”. He noted that as per the Supreme Court, access to Justice should satisfy four essential elements: (i) Effective adjuratory Mechanism (ii) Reasonable accessible in terms of distance (iii) Must be speedy (iv) Affordable

Online mediation is a better method to achieve justice with these elements.

Online Dispute Resolution (ODR) is of two types:  i) Synchronized interaction – like teleconferencing, and ii) Asynchronized – text based chatting.

All three parties have to be present at the same time in the first interaction, which is not so in Asynchronized interaction

An advantage of ODR is that information can be shared online, so that all privacy is ensured.

Also Read: Legal Leadership Conclave on Arbitration & Mediation: the need and the problems

Prof Patil said there is huge scope for ODR in India. Citing a Government of India meeting last year, he said 3 crore pending cases can be solved by online mediation.

Deepak Sharma, Managing Director of North-Starcom MediaVest Group, talked about branding India as an International Mediation hub.

He started by noting that branding India in any way when our methodology and technology is still developing, could only result in failure. “Since the rise of consumerism, the aim of branding is to evoke response and engagement, mapping India on the global platform as an arbitration hub may not be best right now,” held Sharma.

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PM Modi’s Indonesia visit to boost defence, digital and strategic partnership

Prime Minister Narendra Modi’s Indonesia visit is expected to strengthen bilateral ties through new initiatives in defence, digital infrastructure, maritime security, trade and critical minerals.

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11 hours ago

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July 6, 2026

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PM Narendra Modi

Prime Minister Narendra Modi’s upcoming visit to Indonesia is expected to give fresh momentum to the growing strategic partnership between the two countries, with discussions likely to cover defence cooperation, maritime security, digital connectivity, trade, critical minerals and several other sectors.

India’s Ambassador to Indonesia, Sandeep Chakravorty, said the relationship between New Delhi and Jakarta has entered a stronger phase following Indonesian President Prabowo Subianto’s visit to India as the Chief Guest for the Republic Day celebrations last year. He said the Prime Minister’s visit is expected to further strengthen this trajectory through a series of new understandings and agreements.

Defence and maritime cooperation likely to receive major push

According to the ambassador, defence and maritime security will remain key pillars of the discussions during the visit.

He highlighted Indonesia’s strategic location along the Malacca Strait, describing secure sea lanes as vital for both countries and the wider Indo-Pacific region. He stressed that uninterrupted maritime connectivity remains essential for global trade and regional stability.

Without revealing specific details, Chakravorty indicated that the visit could produce significant outcomes in defence cooperation, saying several important announcements are expected.

‘BrahMos Plus’ hints at broader defence partnership

The ambassador also suggested that defence ties between India and Indonesia are moving beyond discussions centred on the BrahMos supersonic cruise missile.

Responding to a question about future cooperation, he remarked that the next phase would be “BrahMos Plus,” while refraining from providing further details.

He said future collaboration is expected to focus on defence manufacturing, technology partnerships, training and capacity building. India, he noted, has emerged as an important exporter of defence equipment and could support Indonesia’s efforts to strengthen its domestic defence manufacturing capabilities.

Military cooperation is also expanding, with India set to participate with troops for the first time in the multinational Garuda Shield military exercise after previously attending as an observer.

Digital connectivity and UPI integration gain momentum

Digital cooperation is expected to be another major highlight of the visit.

The ambassador said Indonesia is preparing to launch its Open Network for Digital Commerce (ONDC)-inspired platform during Prime Minister Modi’s visit, making it the fastest international adopter of India’s digital public infrastructure model.

The initiative is expected to support nearly 65 million micro, small and medium enterprises (MSMEs) in Indonesia by creating a more open digital commerce ecosystem.

Chakravorty also said discussions on integrating India’s Unified Payments Interface (UPI) with Indonesia’s payment systems have reached an advanced stage.

While technical integration remains complex due to Indonesia’s multiple payment-switch networks, he expressed confidence that progress would continue and the Prime Minister’s visit could accelerate the process.

Critical minerals and investment to feature prominently

Critical minerals are also expected to be a major area of cooperation as both countries look to strengthen supply chains for clean energy technologies and electric vehicle manufacturing.

Indonesia possesses significant reserves of nickel and other strategic minerals, while India is seeking reliable supplies to support its manufacturing ambitions.

The ambassador said India plans to invest in processing critical minerals within Indonesia rather than importing only raw materials. He added that such investments would support industrial development in both countries while contributing to India’s self-reliance goals.

Cultural ties to be highlighted

Apart from strategic and economic cooperation, the visit is also expected to showcase the longstanding cultural relationship between India and Indonesia.

Both countries will launch a 15-month programme commemorating Rabindranath Tagore’s 1927 visit to Indonesia, recognising his influence on the country’s educational and cultural landscape.

Prime Minister Modi is also expected to visit Yogyakarta, a city known for its historic temples, reflecting the deep civilisational links shared by the two nations.

With cooperation expanding across defence, digital infrastructure, trade and critical minerals, the visit is expected to mark another important step in strengthening the India-Indonesia strategic partnership and advancing cooperation in the Indo-Pacific region.

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Ram Mandir Trust accepts Champat Rai’s resignation amid donation theft row

The Shri Ram Janmabhoomi Teerth Kshetra Trust has accepted Champat Rai’s resignation as General Secretary following the donation theft controversy, with Bajrang Bagra emerging as a leading contender for the post.

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11 hours ago

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July 6, 2026

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Champat Rai

The Shri Ram Janmabhoomi Teerth Kshetra Trust has accepted the resignation of its General Secretary, Champat Rai, following the controversy surrounding the alleged theft of cash donations at the Ram Temple in Ayodhya.

According to sources, Bajrang Bagra has emerged as one of the leading contenders for the post. Bagra currently serves as the International General Secretary of the Vishwa Hindu Parishad (VHP). A chartered accountant by profession and a former head of PSU NALCO, he is considered to have the administrative and financial expertise required as the Trust moves into its next phase.

Sources indicated that the Trust is looking to appoint someone with strong experience in governance, finance and institutional administration to strengthen its functioning.

Although Champat Rai has stepped down as General Secretary, sources said he is expected to continue as a trustee unless he decides otherwise.

Decision on successor may come after VHP executive meeting

The appointment of the next General Secretary is unlikely to be announced immediately. The VHP’s biannual national executive meeting is scheduled to take place in Delhi on July 19 and 20, where several organisational decisions, including transfers and appointments, are expected to be discussed.

Champat Rai and trustee Anil Mishra had submitted their resignations after Uttar Pradesh Chief Minister Yogi Adityanath reportedly took a firm stand on the alleged donation theft. Their resignations came after the Special Investigating Team (SIT) submitted its preliminary findings into the case.

Donation theft investigation

According to the preliminary investigation, temple staff responsible for counting cash donations allegedly siphoned off money despite CCTV cameras being installed at the counting centre. The report stated that the footage was not monitored regularly, allowing the alleged theft to continue. Reports suggest that around Rs 7 crore to Rs 7.5 crore may be missing.

So far, eight people have been arrested in connection with the case. Among them is Ram Shankar Yadav, also known as Tinnu Yadav, who worked as Champat Rai’s driver.

Sources said Champat Rai has told his close associates that Tinnu Yadav played the central role in the alleged fraud and misused the trust placed in him. According to the sources, Rai also claimed that when Yadav feared he would be caught, he leaked information to a Samajwadi Party leader.

The other accused arrested in the case are Avinash Shukla, Anukalp Mishra, Lav Kush Mishra, Manish Kumar Yadav, Karunesh Pandey, Ramashankar Mishra and Subhash Srivastava.

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WhatsApp gets more time to respond on username feature, rollout in India put on hold

WhatsApp has been granted more time to respond to the government’s concerns over its username feature and has assured that it will not launch the feature in India until discussions are completed.

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11 hours ago

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July 6, 2026

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WhatsApp

Meta assures the government that the feature will not be introduced in India until ongoing consultations are completed.

Meta-owned WhatsApp has been granted an extension to submit its response to the Centre regarding its proposed username feature, while assuring the government that it will not roll out the feature in India until discussions on the matter are concluded.

According to sources, the government has allowed WhatsApp three additional days to file its response after the company sought more time. The original deadline for the reply was Friday.

The proposed username feature would allow users to connect with others without revealing their phone numbers, a move that has raised concerns within the government over its potential impact on cyber safety.

Last week, the Centre issued a notice to Meta questioning the feature, expressing concerns that it could increase online fraud, phishing attempts, impersonation, and so-called “digital arrest” scams. The government also directed the company to pause the rollout until consultations are completed to its satisfaction.

Sources said representatives from Meta met officials from the Ministry of Electronics and Information Technology (MeitY) on Friday following the issuance of the notice. During the discussions, WhatsApp reportedly assured authorities that the feature would not be introduced in India before the consultation process is completed.

The government has also asked Meta to explain why action should not be initiated under the Information Technology Act and the relevant rules if the proposed feature is found to compromise user safety. It reminded the company that WhatsApp, as a significant social media intermediary, must comply with due diligence obligations under Indian law.

A WhatsApp spokesperson had earlier clarified that the username feature is not yet live and is expected to be introduced gradually later this year.

The company said it has built several safeguards into the feature to prevent impersonation. According to WhatsApp, usernames of public figures, government entities, celebrities, and verified Meta accounts have been reserved so that they can only be claimed by their legitimate owners. It also said lookalike variations of such usernames are being restricted.

WhatsApp also clarified that users will still need a phone number to create and use a WhatsApp account. The username feature is intended only as an alternative way for people to connect.

The company added that users would need to know another person’s exact username before initiating contact. It also plans to limit how many new users an account can message, prevent repeated attempts to guess usernames, and use automated systems to detect impersonation and abusive behaviour.

To help users identify unfamiliar contacts, WhatsApp said it will display contextual information whenever someone sends a message through a username for the first time. Users will be informed whether the sender is a new account, an existing contact, someone who shares a mutual group, or a person located in another country before deciding whether to respond.

Following its notice to WhatsApp, the IT Ministry also issued notices to Telegram and Signal, seeking details on how their existing username-based systems address concerns related to fraud and impersonation. While WhatsApp has around 500 million users in India, Telegram has a significantly smaller user base.

In recent days, Meta and Telegram have also come under regulatory scrutiny on separate issues. The government recently issued a notice to Meta regarding child sexual abuse material appearing in Instagram advertisements, while Telegram was directed to strengthen action against the circulation of pirated films, OTT content, and other copyrighted audio-visual material on its platform.

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