Mediation is a process wherein the parties meet a mutually selected impartial and neutral person who assists them in the resolution of their differences. Mediation leaves the decision making totally and strictly with the parties. The mediator does not decide what is "fair" or "right," but acts as a catalyst between opposing interests attempting to bring them together by defining issues and eliminating obstacles to communication, while moderating and guiding the process to avoid confrontation and ill will. The mediator will, however, seek concessions from each party during the mediation process.
Background of the case
- He further went on to argue that "all principles of natural justice were thrown to the wind" as the resolution on his removal was passed under the signatures of the "interested parties" such as the Joint Secretary, Treasurer etc.
- Arora also sought an interim stay on his ouster. He argued that his removal was void ab initio, as it was in violation of Rule 35 of the SCBA Rules. He pointed out that as per Rule 35, a member can be suspended or expelled only by the General House of the Association and same had to be decided after an inquiry into a complaint of misconduct is carried out by a committee.Thus, Mr Ashok Arora contended that the Executive Committee has no power to suspend or expel a member as was done in his case.
- Arora further moved to the High Court challenging the resolution. The High Court issued notice to SCBA and the Bar Council of India (BCI), and directed them to file their written statement within a time span of three weeks.
- Ashok Arora, Secretary of Supreme Court Bar Association (SCBA) called for an Emergent General Meeting to remove Senior Advocate Dushyant Dave from the post of SCBA President. The Executive Committee of the SCBA suspended Mr. Arora as the Honorary Secretary of Supreme Court Bar Association by passing a resolution dated 8th May 2020, that was in retaliation against the allegedly illegal call of Emergent General Meeting with an agenda to remove Mr. Dushyant Dave from the post of President, SCBA.
- Arora has also filed a defamation suit against Dave, citing "mental torture" against him right from the time he was elected the Secretary of the SCBA.
- Also referring to the letters written by certain members of the Executive Committee to Senior Advocate Kailash Vasdev, Arora alleged that the minutes were not correctly recorded and that in spite of the purported recusal of Dave, he still continued to control the meeting.
Mediation into picture
The Delhi High Court on 21 Aug, 2020 asked Advocate Ashok Arora and the Supreme Court Bar Association (SCBA) if they were open to mediation by a retired Supreme Court judge to settle their dispute.
Arora found it acceptable provided someone decided it in a couple of days, since the tenure of the present office-bearers comes to an end on December 10.
Appearing for SCBA, Senior Advocate Arvind Nigam said that he would seek instructions on this aspect.
The court further said that "after all, this is between the members" indicating that the challenge may be disposed off through mediation between parties. Thus active encouragement of the courts in resolving disputes through mediation is a measure to reduce the matters before overly burdened courts and make dispute resolution cost and time effective.