By Sangeeta Sharma, New Delhi, May 2019,
In a growing economy quick resolution of commercial disputes is paramount and mediation is the most
viable option for it as delayed court cases increase unnecessary expenditure, said Justice ( Rtd) AK Sikri
who always encouraged the process of Mediation during his tenure as a judge of Supreme Court till
March this year.
He was speaking at ceremony organized by Maadhyam-Council for Conflict Resolution here today.
Maadhyam, a leading conflict resolution consultancy, felicitated Justic Sikri for his excellent
contributions for the past 20 years. Justice AK Sikri retired as the Judge of the Supreme Court of India in
March this year. The function was attended by members of the Delhi High Court Bar Association, legal
experts and consultants.
“India is a growing economy. The world is looking at us to invest here. For a strong commercial base, we
need a strong legal set up which can resolve conflicts in a short span of time. India is known for its
delayed court cases. A foreign investor feels insecure to put his time and capital in India as delays in
resolving issues will increase unnecessary expenditure,” Justic Sikri said.
Justice Sikri also presented prizes to the three selected candidates for writing essays in a mediator
training workshop organized by Maadhyam at Pepperdine Law School of USA in July last year on ‘how
they visualized mediation in the global standards?’
“ Maadhyam is proud to be associated with Justice AK Sikri for more than two decades. His continuous
support to the organization as mentor and guide has inspired many young lawyers to take up mediation
as an alternate means to lengthy court cases,” said Amarjit Singh Chandhiok, President, Maadhyam.
“With the advent of new commercial laws, Maadhyam has ventured into resolving disputes arising out
of business transactions. The matters relating to contracts, debts recovery, non-performance, Cheque
bounce, Mismanagement of companies etc. Maadhyam has also made arrangements in The National
Company Law Board (NCLT) to settle matters through mediation,” he added.
The Indian government has made many reforms lately including in the legal system to expedite
commercial disputes as per the International standards of Ease of doing business. According to the
world Bank Report 2019, India has improved its rank to 23 positions against its rank of 100 in 2017 and is
now placed at 77th rank among 190 countries assessed for Ease of Doing Business. This has happened
due to reforms made by the government in many sectors especially in the commercial laws.
“With enactment of Insolvency and Bankruptcy Code, 2016 a revolutionary transformation has come to
the way the business and banking are done in India. The paradigm shift that the debtor has to survive,
he will have to service his debts or make way for somebody else. This change coupled with other
changes in commercial laws, made the avenues of business, trade and commerce more progressive. The
mediation and alternate dispute resolution processes have found new playgrounds here as contracts are
the wells of delays and defaults to spring,” said Chandhiok.
On the guidance of International commercial laws and with the advent of new methodology, India has
also put into place section 12 A of the commercial Courts Act which stipulates pre-institution mediation
mandatory for any suit. Maadhyam has successfully helped many institutions and big commercial
houses to solve their disputes amicably in a speedy and a cost-effective manner.
About Madhyam.
Madhyam is a body started by eminent jurists and lawyers to resolve conflicts through mediation.
Mediation is a voluntary process by which parties not only settle their disputes and conflicts amicably
but also relations are restored. Both the parties agree to the terms and conditions and settle their long
pending disputes and conflicts. No order is imposed on the either parties. Madhyam provides an
alternate solution to the long pending court cases. Maadhyam has a battery of more than 100 senior
lawyers having more than 10-12 years of experience. A person can become a qualified mediator only
when he undergoes extensive training in legal as well as psychological matters. He has to be trained to
have skills for negotiations and mediation. Fully trained lawyers, Psychologists, doctors, chartered
accountants, engineers, environmentalists, and IT professionals are associated with Maadhyam on a
voluntary basis. Retired judges and other senior government officials render their voluntary services to
the organization from time to time.
For any queries Contact Mr A S Chandhiok/ Mrs Kavita Kalouni at +91 11 24339071-74
website-www.madhyaminternational.com