Emphasizes Lawyers’ dual role in Mediation Process
JAMMU: Chief Justice, High Court of Jammu & Kashmir and Ladakh, Justice N Kotiswar Singh, today inaugurated 40 hours (05 Days) Mandatory Mediation Training Programme for Advocates of various districts of Jammu province in presence of Justice Tashi Rabstan, Judge, High Court of J&K and Ladakh and Chairman, Mediation and Conciliation Committee at J&K Judicial Academy Jammu.
Delivering inaugural address, Chief Justice highlighted the significance of mediation not only in justice delivery system but also in day to day life of an individual. He stated that with growing economy, disputes are inevitable and judiciary is unable to cope up with the mounting arrears because of various reasons, so the alternate modes of resolving disputes assume all the more importance to reduce the arrears and save the social fabric of our nation.
Chief Justice maintained that the Mediation brings peace and harmony among the disputing parties in particular and society in general. He underlined the importance of lawyers stating that they play a dual role in Mediation Process as on one hand they have to persuade their clients for mediation and on the other they have to perform the role of mediator for facilitating amicable settlement of disputes.
Chief Justice sought synergized efforts by the judicial officers and lawyers towards institutionalization of the mechanism of mediation for larger benefit and satisfaction of the litigant public. He said mediation is a programme which we cannot undertake without the participation of Bar.
He appreciated the efforts of Mediation and Conciliation Committee comprising Justice Tashi Rabstan as Chairman and Justice Sindhu Sharma as well as Justice Mohammad Akram Chowdhary as members, in holding such educative courses.
Chief Justice said that this training course will definitely do wonders towards adding to skills of the mediators, besides enhancing their excellence and expertise in the field. He urged upon the participating Advocates to learn the innovative methods and techniques of mediation from the eminent experts and make optimum use of the same because in future they have to perform the role of trainers.
Justice Tashi Rabstan, Chairman, Mediation and Conciliation Committee, High Court of J&K and Ladakh, in his address gave an overview of the concept of mediation. He said that the mediation had been an integral part of Indian Culture and traditionally going to courts was considered against one’s reputation. He further said that mediation has a potential to be the most effective instrument towards ensuring expeditious disposal of cases.
During his welcome address, M K Sharma, Principal Secretary to Chief Justice, and Director J&K Judicial Academy, while giving a brief account of the programme, stated that Mediation is an ADR mechanism in resolving disputes with the help of a third neutral person who assists the parties at dispute to reach a negotiated resolution. He further stated that in a country like India, where the course of development is skewed affecting each and every citizen the demand for justice is increasing at a greater pace. Given the fact that major chunk of our population still remains marginalized, deprived and destitute, mediation is an effective tool to provide cost effective justice to the parties, he added.
Amit Kumar Gupta, Coordinator, Mediation and Conciliation Committee, High Court of J&K and Ladakh, conducted the proceedings of the programme and also proposed the vote of thanks.
Among those who attended the inaugural session included R. K. Wattal, Special Judge, Anti Corruption (CBI Cases), Jammu, Sanjay Parihar, Principal District and Sessions Judge, Jammu, Shahzad Azeem, Registrar General, Yash Paul Bourney, Registrar Vigilance and other officers of the Registry.
The training programme is being organized by the Mediation and Conciliation Committee, High Court J&K and Ladakh, under the aegis of Mediation and Conciliation Project Committee, Supreme Court of India in collaboration with J&K Judicial Academy, Jammu.
Dr. Aditi Choudhary and V K Bansal, both Judicial Officers and Senior Trainers from Delhi, were the Resource Persons for the training, wherein, 25 Advocates from various districts of Jammu province are participating. The training programme will conclude on April 30, 2023.