Excelsior Correspondent
JAMMU, Feb 18: Refresher course on the topic “Settlement of Disputes outside the Court under Section 89 CPC : its juxtaposition within the ambience of judicial justice system” was organized by the State Judicial Academy for Sub-Judges and Munsiffs. The course was organized under the directions of the Chief Justice and was presided over by Justice Mansoor Ahmad Mir, Judge Incharge, State Judicial Academy.
Dr. Virender Kumar, formerly founding Director, Chandigarh Judicial Academy, Prof & Chairman, Department of Laws Punjab University Chandigarh and UGC Emeritus Fellow in law was invited as resource person.
Justice Mansoor Ahmad Mir highlighted the effectiveness of Alternate Dispute Resolution mechanism contemplated by Section 89 which includes arbitration, conciliation, judicial settlement including settlement through Lok Adalat and mediation. He said that Section 89 CPC is an attempt to blend the judicial and non-judicial dispute mechanism in order to envisage equal rights of every person in the eyes of law. The Section was amended to bring the Alternate Dispute Resolution (ADR) mechanism into main stream of judicial system.
Keeping in mind the delays and limited number of Judges, it has now become imperative to resort to alternate dispute resolution mechanism with a view to end litigation between the parties at an early date.
Referring to mediation as one of the effective mode of ADR mechanism, Justice Mansoor said that it is voluntary and confidential process by which through the intervention of a person called mediator who is a neutral and impartial person, the parties are helped to come to voluntary and mutually acceptable resolution of their dispute. The Mediator only guides the process but cannot impose any decision on the parties.
Justice Mir stated that there is a need of time to institutionalize the ADR mechanism and to train the judicial officers and volunteers objectively on ADR techniques.
Eminent academician, Dr. Virender Kumar made an eloquent presentation on the topic and referred to origin and history of Section 89 CPC in the light of case law developed on ADR mechanism. He referred to the number of reasons as impediment to the growth of arbitration as an effective dispute resolution process as observed by Apex court in a case in 2012.
Another Resource person, Bansi Lal Bhat, Special Judge for CBI cases, Jammu also explained benefits of settlement of disputes under ADR mechanism. He urged the referral judges to be pro-active while making reference for settlement under ADR.
An interaction session between the Judges and the resource persons was also held.
Earlier, Abdul Wahid, Director, State Judicial Academy welcomed the dignitaries and distinguished guests.
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