Synopsis: The Bar Council of India has notified that “Mediation with Conciliation” will be a mandatory subject to be taught in LL.B degree courses, with effect from the 2020-2021 Academic Session.

The Bar Council of India has mandated in its notice published on Thursday, that Mediation (with Conciliation) will be a mandatory subject in both 3-year and 5-year LL.B Degree courses with effect from the academic year 2020-2021. Apart from the theory, it will seek to include instruction in practical skills.
In the letter, BCI informed that it was a letter from Chief Justice of India, SA Bobde, prompting it to take that decision. In the said letter, CJI, S.A. Bobde had conveyed that LLB students should be taught the art of mediation because it would go a long way in reducing the case backlog. The Hon’ble Chief Justice of India is really looking forward and very keen that law students being taught the practice of mediation.
In the same view, on 2nd August, the BCI proceeded to enact a resolution to that effect.
BCI emphasized how mediation has arisen as a mechanism for dispute resolution.amid COVID-19 pandemic as physical proceedings are at a standstill due to precautionary purposes. This will catalyze the integration of frameworks for the settlement of legal and non-judicial issues and introduce consultation to the core of the Indian Judicial System.

Another significant thing illustrated by the BCI is that even teachers must befully and appropriately prepared for this programme. It notified that the qualification of teachers required to teach “Mediation with Conciliation” shall be decided by the Bar Council of India in consultation with any authority/institution as it may deem appropriate, including UGC. At the moment, applications may be invited from lawyers with a minimum of 10 years of theoretical knowledge and practical experience in these subjects, including trained mediators. The letter further notes that BCI would also incorporate instruction, and that these certificate/ diploma holders would later be favoured for such subjects as teachers.
Also outlined in the letter was a syllabus and weekly course schedule for a 45 hour component for “Mediation with Conciliation”.
The communication notes that lawyers and students will have a clear understanding of the value of Mediation and Conciliation in order to recognize its true purpose and harvest its true fruit that will pave the way for a significant reform of the Indian legal system.