p r o p o s a l / s u g g e s t i o n s challenges and solutions in mediation in the state 1

P R O P O S A L / S U G G E S T I O N SP R O P O S A L / S U G G E S T I O N SCHALLENGES AND SOLUTIONS CHALLENGES AND SOLUTIONS IN MEDIATION IN THE STATEIN MEDIATION IN THE STATE

1

Absence of awareness of Mediation amongst the members of the Bar

One of the impediments in the path of growth of

Mediation is the ignorance noticed amongst the Counsel

representing the parties. This has been found true in the

majority of the members of the Bar. In order to overcome

this, it is suggested that sensitization programmes for the

members of the Bar be undertaken vigorously.

2

Limitations in the role of Mediators - need for flexibility

As per the training module prescribed for the

Mediators, they are prohibited from making any

suggestions as regards the terms of settlement. As a

consequence, many of the Mediation fail at the final

stage where suggestions by Mediator could have

facilitated successful culmination of the Mediation

process. It is suggested that in circumstances where the

parties have agreed to a settlement but for certain3

4

aspects, the Mediators may be permitted to give

suggestions to the parties as inputs for deliberation in

the Mediation process but not as an imposition, leaving

the decision to accept those upon the parties or not.

Finality to settlement agreements in Mediation

One of the major factors discouraging litigants in opting

for settlement of disputes through Mediation is its

uncertain fate until a decree is passed by the Referral

Court. To overcome this, the overwhelming opinion is

that a settlement arrived at in the medication process

should achieve finality immediately after the

mediation proceedings culminate instead of waiting

for a decree to be passed

5

6

by the Referral Judges. For this, Section 89 of the Code of

Civil Procedure, 1908, requires to be given a re-look.

Infrastructure

The lack of infrastructure at Village and Block

levels have often proved to be deterrents in the effective

implementation of schemes and programmes. Availability

of at least one room in any Government establishment such

as the Block Level Offices, Panchayat Bhawans, etc. would

facilitate convenient conduct of Mediation and related

programmes. The State Governments could be requested

to provide at least one room wherever possible at the grass

root level.7

The following may also be considered as steps to overcome the challenges faced above:

1. Intensive refresher courses for trained Mediators.

2. Refresher programmes for Judicial Officers as Referral Judges.

3. Training module for the Mediators be modified by introducing an element of flexibility in the methods being applied by the Mediators.

4. Need for special training programmes on Mediation for Para-Legal Volunteers.

8

9

5. Interaction amongst the trained Mediators intra and

inter state interactions of trained mediators. It was also

suggested that trained mediators from one State could be

taken to observe actual Mediation sessions being conducted

in States having larger Mediation Centres to learn best

practices.

In view of Sikkim having sufficient number of trained

Mediators we intend to commence Refresher programmes

for the trained Mediators/Referral Judges shortly. This is

also one of the programmes envisaged by the MCPC.

10

We intend to give additional thrust on mediation in the awareness

programmes being conducted by the Sikkim SLSA by adopting

different methods in addition to distribution of pamphlets during

the awareness programmes and by attaching those to

summon/notices issued by the Courts. For this purpose part of the

fund provided for the “training of mediators” may be utilized.

These Awareness Programmes are being held also in remote

villages with difficult accessibility as a part of the effort of Sikkim

SLSA to reach out to those who have thus far been found to be

neglected.11

The Sikkim SLSA has published its second edition of “Lessons

in Law” which contains a detailed information on Mediation.

“Lessons in Law” is taught in all government schools in the

State in the IX and XI standards as a part of school curriculum.

12

The teachers teaching the subject “Lessons in Law” in the schools

have also been trained on Basics of Law and as Para Legal

Volunteers. We have trained 209 teachers so far since 2012. The

SLSA is now in the second phase of providing Refreshers Training

to such teachers. A training programme was recently completed

in the North District and training for the other districts is on the

cards.

13

14 TEXT ON “LESSONS in LAW” FOR CLASS IX & XI (2012-13)

15

TEXT ON “LESSONS in LAW” FOR CLASS IX & XI (2013-14)

16

END OF PART TWO

GURDONGMAR LAKE