Need to encourage alternate dispute resolution mechanism: HC Judges

Justice Alok Aradhe addressing participants of one day orientation programme at Jammu on Sunday.
Justice Alok Aradhe addressing participants of one day orientation programme at Jammu on Sunday.

Excelsior Correspondent

JAMMU, Feb 11: State Judicial Academy today organised one day orientation programme on ‘Role and Responsibility of Referral Judges’ as per Section 89 CPC.
The programme was inaugurated by Justice Alok Aradhe, Chairman, J&K State Judicial Academy along with Justice Tashi Rabstan, Chairman, Mediation and Conciliation Committee. All the District and Sessions Judges and Munsiffs of Jammu Province participated in the programme.
Speaking on the occasion, Justice Tashi Rabstan said, “delay and time consuming processes of the litigation prosecuted in accordance with the detailed procedures has resulted into development of alternative dispute redressal mechanism”, adding “mediation and conciliation has now been widely known as a potent tool of resolving disputes in the ADR mechanism”.
“It has already achieved a phenomenal success in countries like United Kingdom and United States. Conceptually mediation and conciliation is different than other ADR mechanism. In this process the attitude of the parties is completely transformed with regard to the approach to the problem. After the interaction with trained mediators, the disputants emerge as reformed persons becoming much more useful member of the society”, he further said.
Justice Alok Aradhe gave overview of the training programme and said that mediation serves as an inspiration for the legal system at large to promote the rule of law through efficient use of alternate dispute resolution mechanism in a manner that the doors of the court are open to one and all and justice does not remain a teasing illusion.
“Efforts such as these are thus an effective means for the common man to reach the court and get their disputes resolved amicably and swiftly. Quick delivery of justice is the third in the trinity of an effective judicial system, the other two being accessibility and affordability”, he further said, adding “alternative dispute resolution mechanism like mediation and arbitration must be encouraged”.
Abdul Rashid Malik, Director, State Judicial Academy conducted proceedings of the programme and said that mediation may be a useful mechanism to reduce the large backlog of cases that congest legal system. “It reduces cost, time and stress as compared to court based litigation and creates peace and harmony in the society”, he added.
Resource Person Shalinder Kour, District and Sessions Judge, (Judge-Incharge) Delhi Mediation Centre deliberated upon “ADR: Relevance with special reference to Section 89, Code of Civil Procedure, 1908, Mediation: Components and process, difference between Mediation and Judicial Process”.
Another Resource Person Neena Bansal Krishna, District and Sessions Judge, Director (Academics), Delhi Judicial Academy deliberated upon “Role and Responsibility of Referral Judges under Section 89 of CPC”.

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