ADR And Its Need To Be Streamlined In Legal Education

In a heavily populated country like India where courts are overburdened with the number of cases, Mediation and Arbitration play a significant role in assigning the legal system to function efficiently. 

Nooreen Sarna, Counsel, Chambers of Nooreen Sarna shared her experience of being in law school and said that ADR was taught to them in the sixth semester and not very consciously but as a dispute resolution lawyer she finds it as part and parcel of every dispute. 

Sarna said, “If the purpose of legal education is to prepare young lawyers for what they're going to face when they come into practice, it's very necessary for them to understand ADR.”

Adding to what Sarna said, Tejaswi Mallipeddi, RA, Office of Justice (Retd.) Kurian Joseph stated, “Coming to legal education, I realised the importance of ADR only after I graduated when I started doing my clerkship in Telangana high court and Supreme Court. So, that is when I realised I do not have the necessary skill set to actually, you know, go to the market and do it. So, that's when I realised I have to my skill set and I treat myself I go into different trainings being given by the different type of lens. And I think the need for teaching ADR in law institutions or colleges starts right from the first year.”

Emphasis on the significance of ADR and mediation,  Vikash Kumar Jha, Partner, Cyril Amarchand Mangaldas quoted the apex court stating, “Mediation is one of the modes of attainment of peace.”

Jha also said, “While this statement might sound philosophical, but I think it's very important in the present-day scenario, peace is a thing which everyone wants to attain.”

Jha also advocated the involvement of ADR in the mainstream course as an important subject. 

Embracing any field require special education and skill, talking about the same, Sarika Gandhi, Head of Corporate and Business Services, South Asia at Lufthansa Group, mentioned the required skill set to become a professional ADR lawyer. 

She said that the first thing to understand in ADR is to understand the basis of the dispute arising. She emphasised understanding conflict is the basic skill set required, apart from this she also described the importance of communication as a mediator. 

Gandhi added, “Of course, lawyers are very good communicators, but when they become mediators or arbitrators, they have to wear different hats. Communication is the basis of when we teach mediation, we say it is active listening.”

While Varun Prabhakar, Legal Head, Devyani International suggest two emotional aspects of being active as an ADR lawyer one should be enabler and result oriented. 

ADR should not only include in the curriculum rather should be taught with the required skill set so that students can have clarity in pursuing a career in the field.