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
TRANSCRIPT
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
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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.
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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
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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
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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.
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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.
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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.
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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.
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14 TEXT ON “LESSONS in LAW” FOR CLASS IX & XI (2012-13)
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TEXT ON “LESSONS in LAW” FOR CLASS IX & XI (2013-14)
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END OF PART TWO
GURDONGMAR LAKE