He said such disputes should be handled through "facilitative mediation" as judges lack expertise in complex issues of pricing of natural resources and there are chances that the judgement by them could hit the economy of the country and a particular sector.
The CJI, who was speaking at a national conference on mediation here, said it was high time to move from simple mediation to facilitative mediation which can be resorted to in commercial disputes relating to pricing of natural resources.
"We can have facilitative mediation in disputes in pricing of natural resources like the pricing of gas and oil which are complicated matter. Judges do not have expertise to deal with those matters. The judgements delivered by judges sometimes can hit the economy of the country which is not good," he said.
Justice Kapadia said mediation is a better way to maintain a balance between economic and corporate interest.
"When such commercial matters come before us, entire world watches us. Therefore in complicated commercial matters, facilitative mediation should be resorted to balance the economic interest and natural resources on one hand and on the other hand profit of corporates," he said.
He said since government is the owner of natural resources it should find out able mediator with people having knowledge and expertise in particular field who can act in good faith.
