You have been conducting mediation and conciliation proceedings under the aegis of the ADR Centre of KCCI, Mangalore. How has the experience been so far?
It has been a learning curve. Since its inception in March 2020, I have handled 20 cases, with awards/settlements reaching over ₹ 7 crs. Where the respondent has been a non-local, implementing the award has been challenging for the Claimant. Otherwise, it has been a breeze with the parties and their lawyers cooperating for an early settlement.
Mostly, it is the commercial litigants who opt for mediation, conciliation, or even arbitration. Do you think the patients’ claims against the hospitals and medical professionals could also be resolved by recourse to the ADR mechanism?
Of course. I firmly believe that claims against hospitals and medical professionals could be resolved by recourse to the ADR mechanism. With a sole arbitrator at the helm, it would be quick, cheap and a win-win for both parties.
How can medical service-related litigations be resolved? How does this work?
Usually, the litigation revolves around the deficiency of service. There is a claim for an amount which is disputed. Under these circumstances, ADR works well.
Do you think a panel of medical experts will join the ADR centre and help the patients get their grievances redressed?
Medical experts do not need to be required to join the centre. With experts in every field imaginable in medical science present in Mangalore, their expert opinions can always be procured by either party. Eventually, a few medical experts may join the ADR centre.
Do you suggest the consumer forums refer the matters involving a deficiency of service to the ADR Centre?
The new Consumer Protection Act 2109 offers an alternative dispute resolution mechanism. The objective is to execute rapid and cost-effective resolution to disputes. The Consumer Forums would do well to refer matters to the ADR Centre.
Prof CA Lionel Aranha
Chairman, ADR Focus Area
KCCI ADR Centre, Mangalore
Email: lionel.aranha@arbitrator.one
Mobile: 9739127852