In Mughals, the dispute related to the Appellant’s liability for contributions under the Employees Old Age Benefits Institution (EOBI) scheme for employee-based contributions, leading to prolonged litigation.
Held: Employment and benefits disputes are more effectively resolved through ADR, particularly mediation, to ensure timely and cost-effective outcomes.
Mediation was recognized as a fundamental right within the framework of access to justice.
Court’s Observations:
“Arbitration is a forum of the parties’ own choice; its decision should not be lightly interfered with by the court.”
“Mediation is not merely an alternative to litigation but a complementary and necessary component of the justice system.”
“Access to justice includes the right to have disputes resolved in a timely and efficient manner; mediation, as a faster and cost-effective alternative, satisfies this fundamental aspect of justice.”
“Mediation is evolving as a powerful mechanism for conflict resolution, bridging divides with creativity and fostering harmonious solutions.”
“Courts should not only encourage mediating more and litigating less but also exhibit a pro-mediation bias, prioritizing mediation as the preferred method of dispute
resolution.”