WHAT IS MEDIATION?
Mediation is a voluntary party-centered and structured negotiation process where a neutral third party assists the parties in amicably resolving their dispute by using specialized communication and negotiation techniques. In mediation, the parties retain the right to decide for themselves whether to settle a dispute as also the terms of settlement. Even though the mediator facilitates their communication and negotiation, the parties always retain control over the outcome of the dispute. The entire process is confidential. The Settlement, accepted by the Court, is binding on the parties to the Settlement and can be enforced as Court’s order/decree.
* Voluntary and forward looking.
* Confidential - only you decide what information may be shared with the other party or the court.
* Transparent - there are no surprises in mediation.
* Time and cost efficient.
* Informal - focusing on the parties' interests rather than the rules of procedure and evidence.
* Flexible - enabling the parties to resolve the dispute by themselves.
* Offers, win-win situation to the parties.
CASES SUITABLE FOR MEDIATION:
Cases suitable for referral to mediation/conciliation include commercial and contractual matters, property matters, partnership disputes, company disputes, family matters including matrimonial and child custody, family business matters, labour matters, landlord-tenant matters, offences which are compoundable in Criminal Procedure Code, Accident Claim matters, Negotiable Instruments Act cases etc. The scope of these processes is not limited to these types of disputes and may cover all such and other disputes which the Court may find appropriate for mediation and conciliation.
It is important that the settlement at mediation should be lawful.
HOW TO GET A REFERAL FOR MEDIATION?
Where it appears to the Court that a case is appropriate for referral to mediation/conciliation, the court may refer such case to the Centre.
The Court may fix the date for appearance of the parties and their counsel at the Centre and the time frame within which the mediation/conciliation ought to be completed, directing that the matter should be listed before the Court at the end of such period.
BENEFITS OF MEDIATION
Produces more satisfying results than litigation.
Allows the parties and not the Judge, to determine the outcome. The parties are fully informed by the mediator and they control the terms of settlement.
Increases participant satisfaction, with a greater likelihood of a lasting resolution.
Saves money - if settlement is reached in mediation, there will not be future litigation costs. Additionally, court fees are refunded to the parties.
Eases tension and restores peace of mind.
Allows flexibility and party participation in the development of solutions.
Uses procedures tailored to parties' needs.
Develops the interests of the parties.
Narrows the issues in dispute.
Eliminates the risks of litigation.
Allows clients to communicate their views, directly, informally, and confidentially without fear of retribution. Nothing said in a mediation can be used against a party if no settlement is reached.
Win-win situation for the parties.
WHAT HAPPENS IN MEDIATION?
A mediator meets both parties and their Advocates in a joint mediation sessions. The initial meeting provides for:
*An opening statement-introduction to the participants
*Explanation of the mediation process
*An opportunity to discuss issues affecting settlement or which are important for the mediator to know
*An opportunity for parties to freely express their view of the dispute and their terms for settlement
The Mediator, thereafter seeks consent of both parties which is essential to start the mediation process.
If necessary, a mediator may meet each disputing party in private sessions. Private sessions offer opportunities to:
*Help the mediator understand the needs of each participant and the obstacles to settlement
*Explain to the party the strengths and weaknesses of his case
*Assist parties to priortise their interests in the dispute
*Explore confidentially with each side the possibilities of various settlement options
The mediator will spend as much time as necessary with the participants (jointly and privately) to explore all options of settlement. If the parties do reach a settlement, the terms will be written, signed and submitted to the Court for approval and passing a decree. If not, the case will be returned to the referring Court for adjudication.
PREPARING FOR MEDIATION
Parties and their counsel should prepare for mediation by reviewing the risks and costs of litigation and considering the long term personal, family and community interests that will be served by resolving the dispute. Possible settlement options should be considered. Counsel and parties should bring all relevant documents to facilitate meaningful discussions and early settlement.
HOW WILL MEDIATION AFFECT THE CASE?
Mediation is an Alternative Dispute Resolution process and an alternative to trial. Reference of a case to mediation does not stay court proceedings or litigation deadlines. If a case is not settled in mediation, it will be returned to the court with no time lost.
BENEFITS FOR ADVOCATES
Advocates will serve the true interests and needs of their clients, which will result in increased client satisfaction. Satisfied clients will engage the services of their advocates if need arises in future also.
WHO ARE THE MEDIATORS?
Mediators are experienced advocates with a minimum standing of 10 years at the Bar and who have been given special training in the art of mediation by the trainer-mediators of Allahabad High Court Mediation and Conciliation Centre. Training has also been imparted by national level expert trainers.
HISTORY OF AHCMCC
The Allahabad High Court Mediation and Conciliation Centre (AHMCC) was inaugurated on 6.10.2006 by Hon’ble Mr.Justice Markandey Katju. Hon’ble the Chief Justice has approved the charter for functioning of the AHCMCC providing for Advisory Committee, Supervisory Committee and Organising Committee and the manner in which the AHCMCC would function providing the statutory basis. Hon’ble the Chief Justice is the Chief Patron of the AHCMCC. So far the AHCMCC has functioned on the costs imposed by Hon’ble Courts. The High Court has requested the AHCMCC to function under the aegis of State Legal Services Authority with full functional autonomy.
The first introductory mediation training workshop was organized on 7th and 8th of October,2006 conducted by Sriram Panchu, Senior Advocate, Madras High Court and his associates Gita Rameshan and Aparna Vasu. Mediation demonstration was performed by the trainers for the benefit of the trainees. Further, the AHCMCC from time to time has organized training, advanced training, workshops conducted by Sri Niranjan Bhatt, Senior Advocate, Gujrat High Court, Dr. Ajit Narain Tripathi, former Professor, Banaras Hindu University and at present Co-ordinator of the Malviya Centre for value studies, Sri Braja Bihari Dass, Hon’ble Ms. Justice Manju Goel (Retd) Mr.A.S.Chandiok, Senior Advocate, Mr.J.P. Singh, Senior Advocate, Mr. Ram Chandran, Advocate, Delhi High Court. Recently, 03 Senior Mediators of AHCMCC attended a training session at Bangalore Mediation Centre which had been sponsored by the Bangalore Mediation Centre alongwith the Foundation for Sustainable Rule of Law Initiatives(FSRI of California, USA). The training was imparted by Rebecca Westerfield and Bruce Edwards of the Judicial Arbitration and Mediation Services(JAMS) including Victor Schachter, the President of FSRI and Partner in the law firm of Fenwick and West, LLP in California in which while emphasis was placed on commercial mediation, other subject areas were addressed as well.
1. Hon’ble Mr. Justice Dilip Gupta
2. Hon’ble Mr. Justice Shashi Kant Gupta
3. Hon’ble Mr. Justice B Amit Sthalekar
3. Hon’ble Mr. Justice Ashwani Kumar Mishra
MEDIATORS OF AHCMCC
At present, there are 144 mediators working in the centre.
Accomplishment Report since its inception to 31 December 2016
|1.||Total Number of cases registered as mediation case at the Mediation Centre||25346|
|2.||Number of Cases Settled (in which settlement agreement was recorded and sent to the Court)||5785|
|3.||Number of Cases in which mediation session were held, but no settlement could be reached||6869|
|4.||Number of Pending cases of the period for which report is submitted, at various stages of mediation including services of notices (in which mediation number is allotted)||759|
|5.||Number of Cases returned as not fit for Mediation (Cases in which either parties were not willing to mediate or one of the party did not appear before the centre)||11933|
|6.||Success rate of Mediation in percentage, in which mediation session were held (The said percentage come out from the total of serial n. 2 and 3)||45.72|
ACTIVITIES OF MEDIATION CENTRE
The AHCMCC receives cases/references for mediation not only from the Allahabad High Court but also from the Supreme Court of India.
A refresher workshop was conducted by Shri Sriram Panchu, Senior Advocate, Madras High Court for the first batch of mediators on 28th April, 2007 with a view to refresh the concept of mediation and its various processes in their minds.
An in-House Training Workshop for the second batch of 26 mediators had been conducted on 15th and 16th September 2007. Further the AHCMCC organized an advanced training workshop on ‘Promises and challenges of the Mediation’ on the 22nd and 23rd December 2007 conducted by Sri Niranjan Bhatt, Senior Advocate, Gujrat High Court which refined and polished skills of the mediators.
An in-house training workshop was also conducted for the third batch of mediators on 19th and 20th January 2008. On 19th January 2008, the first newsletter of AHCMCC was released by Hon’ble Mr. Justice Markandey Katju, Judge, Supreme Court of India and Hon’ble Mr. Justice H. L. Gokhale, the then Chief Justice, Allahabad High Court. Till date the centre has released 12 newsletters of AHCMCC. The Centre has also prepared team of well skilled trainer/mediators which on invitation visited the Uttarkhand High Court at Nainital on 26th and 27th April 2008, to impart training to first batch of mediators of Uttarakhand High Court, Uttarakhand.
The AHCMCC conducted a seminar for the lawyer mediators of the Allahabad High Court on 15th June 2008 at Allahabad High Court with focus on ethics and confidentiality in mediation. The do’s and don’ts of the mediation process were emphasized at the seminar.
The AHCMCC organized workshop on ‘Ethics and Human Values in Mediation’ by Dr. Ajit Narain Tripathi, M.Tech from IIT Kharagpur and Ph.D. from the University of Wales, former Professor of Electrical Engineering at the Institute of Technology, Banaras Hindu University and at present Co-ordinator of the Malviya Centre for value studies.
To create awareness about the process of mediation, one of the trainer Mediators of AHCMCC has conducted awareness progamme in 68 district judgeships of Uttar Pradesh. Awareness Programmes have also been conducted by the Mediators of AHCMCC for the Advocates of the High Court Bar.
The AHCMCC organized a two day advanced training workshop for the lawyer mediators focused on communication skills, conducted by Sri Braja Bihari Dass(Brian Bloch), Director, ISKCONResolve, ISKCON’s conflict management system, on 30th and 31st August 2008. Sri Braj Bihari Dass avidly instructed about the opening statements, role play, summarizing, agenda setting, exploration of issues, handling impasse, joint session and private session, generating options and the eventual agreement/closure. A two day workshop was held on 27th and 28th September 2008 by Hon’ble Ms. Justice Manju Goel (Retd) and Mr. A.S.Chandiok, Senior Advocate,, Mr.J.P. Singh, Senior Advocate, Mrs. Sadhana Ram Chandran, Advocate, Delhi High Court. The trainer-mediators of AHCMCC imparted in depth in-house training to 4th batch of lawyer- mediators on 13th and 14th December 2008. The lawyer-mediators of Allahabad High Court Mediation and Conciliation Centre visited Deen Dayal Institute situated at district Chitrakoot on 10th and 11th April 2010. An Advanced Training Programme of 4th Batch of Mediators was conducted on 24-25 July, 2010, which concluded on 23rd August, 2010. The Centre organized 40 hrs. training of 35 advocates constituting the 5th batch of Mediators. A Seminar/group discussion on Questionnaire on Law Commission of India with regard to Sec. 498-A I.P.C. was conducted under the aegis of AHCMCC on 21.05.11 at the Drummond Road Guest House.
On (19/20)/05/12 and (26/27)/05/12 as per request of the District Judge, Mau, trainer/Mediators of AHCMCC imparted training to Advocate/Mediators of Mau Judgeship. On 28/05/12, 26 Ld. Mediators of the 2nd and 3rd batch, who have undergone advanced course, 40 hrs. training and completed more than 50 effective mediations including 10 successful mediations were accredited as Mediators by the High Court. On 29/07/12, Workshop was organized for Mediators alongwith Secretaries of the District Legal Services Committee of 06 judgeships namely-Pratapgarh, Bhadohi, Fatehpur, Allahabad, Kaushambi, Varanasi at Drummond Road Guest House. Training was imparted at the conference hall of the Centre to Advocates of Fatehpur, Varanasi and Kaushambi Judgeships on 18/08/12 and 19/08/12 and again on 25/08/12 and 26/08/12 by the trainer-mediators of AHCMCC.
On 29.09.12, a meeting was organized by Sri Jayant Banerji presided over by Hon’ble Mr. Justice Sunil Ambwani in memory of internationally acclaimed and renowned mediator, Late Roger Fisher author of ‘Getting to Yes’.
The Allahabad High Court Mediation & Conciliation Centre have started internship for law students on Mediation since 2009 and till date, more than 900 law students have interned at the Centre.
Keeping in view the participation of women in the policy and decision making process in all walks of life, a special batch of 26 lady advocates of the High Court of Judicature at Allahabad were inducted as advocate mediator and have been imparted 40 hours necessary training in the techniques of mediation. The lady advocate mediators are actively attending and participating in the mediation proceedings.
At present the Centre is operating with 13 Cubicles, a Conference Hall, a waiting hall equipped with chairs and round tables to facilitate the parties and two offices for handling the influx of cases being referred to the Centre and also for dealing with the parties and their Counsels.
Further, the atmosphere at the Centre has been made extremely pleasant and tranquil so that the parties feel relaxed and take decisions with a cool mind. Arrangements have also been made providing the parties tea and water during the proceedings creating a friendly atmosphere at the Centre. Toys and toffees have also been arranged for the children accompanying the parties.
Allahabad High Court Mediation &
New Extension Building,
High Court of Judicature at Allahabad-211017
Allahabad, Uttar Pradesh