Justice Jamir underscores standards and neutrality in mediation

November 1, 2023 31 Views No Comment

Mediation training for Nagaland’s judicial officers and advocates underway

Kohima, Nov 1 (MExN): Mediation’s beauty lies in its ability to reach solutions that not only satisfy the parties and adhere to the law but also address delays and actively contribute to the economic, financial, and commercial growth and development of society, observed Judge Lanusungkum Jamir of the Gauhati High Court on Tuesday.

Accordingly, he urged judicial officers and advocates in Nagaland to make full use of a ’40-Hour Mediation Training Programme’ that commenced in Kohima on October 31.

The training, being organised by the Nagaland State Legal Services Authority (NSLSA), under the aegis of the Mediation and Conciliation Project Committee (MCPC) of the Supreme Court of India, will conclude on November 4.

Justice Jamir, also the NSLSA Executive Chairman, noted the uniqueness of the Indian judicial system, which is based on a written constitution and enjoys immense public trust.

However, he acknowledged its complexity and emphasised that mediation training could serve as an inspiration for the legal system to promote the rule of law and efficient use of alternative dispute resolution mechanisms.

He highlighted the increasing prevalence of private mediation occurring at a pre-litigation stage in the country.

While traditional mediation is facilitative, with the mediator serving as a facilitator, more complex conflicts now require mediators to provide active assistance to help parties reach a negotiation, he noted.

Active standards and mediator neutrality are essential in this context, Justice Jamir stressed.

Customary legal system needs streamlining: Mannen
Advisor Law & Justice and Law Revenue, Government of Nagaland, TN Mannen, discussed the State Government’s efforts to streamline the customary legal system in Nagaland.

He emphasised the need to adapt this system to changing times to maintain its significance.

Mannen further regretted that despite being embroiled in various issues for over a century, the supremacy of law is yet to be fully established in Nagaland.

He appreciated mediation as a conciliatory approach, emphasising that solutions should be accepted by parties through impartial mediators.

He further stated that the purpose of law is to mitigate injustice through mutual understanding, and mediation, a widely recognised method worldwide, plays an important role in achieving this.

Mezivolu T Therieh, OSD Registrar and Member Secretary of MCPC, Supreme Court, noted that mediation, as an alternative to traditional litigation, is gaining widespread acceptance and demonstrating its efficacy and cost-effectiveness as a dispute resolution mechanism.

She underscored that the success of mediation depends on two critical factors: the willingness of the parties and the skill of the mediator in guiding the parties to an agreement.

The mediator’s role is to facilitate issue identification and clarification, promote communication, explore resolution options, and assist parties in reaching mutually acceptable agreements, Therieh elaborated.

Hence, well-trained, impartial, and efficient mediators are imperative, she added.

The Member Secretary of MCPC also provided background information on the Committee, which was established in 2005, and the Mediation Act.

“We are, as a dispute resolution system, moving towards early detection of disputes to facilitate early resolution,” she said.

Earlier, NSLSA Member Secretary, Victo Sema delivered the welcome address.

As per an NSLSA’s release, the training is being conducted by Dr Aditi Chaudhury, District Judge and Director Delhi Judicial Academy; Nagina Jain, Advocate, Mediator Trainer, Delhi High Court; Harish Dudani, Principal Judge (Rtd) Delhi and Jaya Goyal, Advocate Mediator Trainer, Delhi High Court.