In an interview to ET, Justice Bobde said: “All (commercial) matters could be made to first go through pre-litigation mediation. So if there is a commercial problem or dispute between two businesses, they could first undergo pre-litigation mediation. If it cannot be solved, then they can approach the courts.”
The CJI-designate felt Parliament should consider enacting alegislation to give mediation a status of decree. “Parliament will have to legislate. There is already a provision in the Lok Adalat Act where a settlement before a Lok Adalat is enforceable like decree of court. This agreement between the two parties arrived at the stage of pre-mediation litigation could have a force of a decree.”
Justice Bobde came out in support of the proposal to have an all-India judicial service. “I think a National Judicial Service is a good idea… there will be need for a specialised academy for training judges who would serve throughout the country.”
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