GANGTOK, 15 Dec: A two-day [14 and 15 December] awareness and sensitization programme for referral judges and trained mediators was organized by the Sikkim State Legal Services Authority [SSLSA] in association with Mediation & Conciliation Project Committee [MCPC], Supreme Court of India, New Delhi here the High Court conference hall.
It is informed that in India, there is only Court annexed mediation for which there is no charge. Mediation is an informal and confidential way for people to resolve disputes with the help of a neutral mediator who is trained to help parties resolve dispute amicably. The mediator does not decide who is right or wrong, or issue a decision; instead, the mediator helps the parties work out their own solutions. The benefits of mediation include, saving cost, time, confidentiality and relationship amongst others.
The cases pending in the courts are referred for mediation under the provision of Section 89 of the Civil Procedure, 1908. In Sikkim, there is High Court of Sikkim, Civil Procedure on Mediation Rule, 2006 and Sikkim Sub-ordinate Court Civil Procedure Rule, 2006.
Since the introduction of mediation as Alternative Dispute Redressal Mechanism in the State, the SSLSA, under the directions of its Executive Chairperson, Justice SP Wangdi, who is also the Chairperson of High Court Mediation Monitoring Committee, has established Mediation Centres in all the four district headquarters.
So far, 40 hours training under the aegis of MCPC have been conducted by Sikkim SLSA. Four Judicial Officers of the Subordinate Courts along with 50 Advocates have been trained as Mediators till date.
Since 21 May, 2009, on which date the first mediation was taken up, 540 mediation sittings have been held by trained Mediators in all the four districts of Sikkim. Out of 217 cases taken up, 105 cases have been settled.
One of the success stories of settlement through process of Mediation is a Civil Suit which was pending for 31 years! This “chronic case” was settled at the Mediation Centre, East district at Gangtok on 24 May, 2012 much to the relief of the litigating parties and the Referral Courts, it is informed.
Mediation and Conciliation Project Committee, Supreme Court of India has observed that due to lack of awareness of Mediation amongst the lawyers and inadequate references being made by the Judicial Officers, MCPC decided that henceforth programme would comprise of awareness programme for the advocates and mentoring of the Mediators and awareness-cum-referral judges programme for the judicial officers with the purpose to increase the numbers of referral to Mediation Centres from the Courts.
With these objectives, the Sikkim SLSA has commenced the above programme which was conducted by Resource Persons comprising of Neena Krishna Bansal [Additional District Judge and trained Mediator] and Nagina Jain [Advocate and trained Mediator] deputed by MCPC, New Delhi.
It is informed that in India, there is only Court annexed mediation for which there is no charge. Mediation is an informal and confidential way for people to resolve disputes with the help of a neutral mediator who is trained to help parties resolve dispute amicably. The mediator does not decide who is right or wrong, or issue a decision; instead, the mediator helps the parties work out their own solutions. The benefits of mediation include, saving cost, time, confidentiality and relationship amongst others.
The cases pending in the courts are referred for mediation under the provision of Section 89 of the Civil Procedure, 1908. In Sikkim, there is High Court of Sikkim, Civil Procedure on Mediation Rule, 2006 and Sikkim Sub-ordinate Court Civil Procedure Rule, 2006.
Since the introduction of mediation as Alternative Dispute Redressal Mechanism in the State, the SSLSA, under the directions of its Executive Chairperson, Justice SP Wangdi, who is also the Chairperson of High Court Mediation Monitoring Committee, has established Mediation Centres in all the four district headquarters.
So far, 40 hours training under the aegis of MCPC have been conducted by Sikkim SLSA. Four Judicial Officers of the Subordinate Courts along with 50 Advocates have been trained as Mediators till date.
Since 21 May, 2009, on which date the first mediation was taken up, 540 mediation sittings have been held by trained Mediators in all the four districts of Sikkim. Out of 217 cases taken up, 105 cases have been settled.
One of the success stories of settlement through process of Mediation is a Civil Suit which was pending for 31 years! This “chronic case” was settled at the Mediation Centre, East district at Gangtok on 24 May, 2012 much to the relief of the litigating parties and the Referral Courts, it is informed.
Mediation and Conciliation Project Committee, Supreme Court of India has observed that due to lack of awareness of Mediation amongst the lawyers and inadequate references being made by the Judicial Officers, MCPC decided that henceforth programme would comprise of awareness programme for the advocates and mentoring of the Mediators and awareness-cum-referral judges programme for the judicial officers with the purpose to increase the numbers of referral to Mediation Centres from the Courts.
With these objectives, the Sikkim SLSA has commenced the above programme which was conducted by Resource Persons comprising of Neena Krishna Bansal [Additional District Judge and trained Mediator] and Nagina Jain [Advocate and trained Mediator] deputed by MCPC, New Delhi.
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