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capacity of human resources to conduct mediations effectively). Once it is understood
that mediation is intended to complement (not replace) the judicial process, that it is
highly adaptable to different contexts, and that expertise in India is already growing
rapidly, these apprehensions may quickly dissipate.
The gravest concern of all, however, would be to draw the conclusion that these points
of resistance should be therefore summarily dismissed or that any one person or court
is capable of determining the answers for the rest of the country, especially since the
caseloads in different districts are so stunningly diverse. To avoid these pitfalls,
expressions of apprehension should be directly solicited, frankly expressed, and
thoughtfully answered by broad sections of the society and legal community. Indeed,
this important process of deliberation may even capture and apply the very techniques
of mediation that are specifically at issue. These collaborative exchanges at both
national and local levels, therefore, hold great significant promise for the more effective
delivery of justice to the society at large.
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