The Nagaland State Legal Services Authority (NSLSA), under the aegis of the Mediation and Conciliation Project Committee (MCPC) of the Supreme Court of India, conducted a one-day training programme on mediation for referral judges at Hotel Japfü, Kohima, on Saturday.
Addressing the gathering, Justice Yarenjungla Longkumer, Judge of the Gauhati High Court said mediation should be viewed not merely as an alternative to litigation but as an essential component of a modern, responsive and humane justice delivery system.
She underscored the pivotal role of judges in referring suitable cases for mediation, stating that its success depended not only on the skills of mediators but also on the wisdom, sensitivity and commitment of referral judges.
Longkumer emphasised that referring a case to mediation was not simply a procedural step to reduce case pendency, but a judicial decision that could open the way for a more constructive resolution of disputes.
She identified family and matrimonial disputes, neighbourhood disagreements, commercial and contractual disputes, partnership conflicts, landlord-tenant matters and motor accident claims as cases that could benefit from mediation, depending on their circumstances.
However, she cautioned judges to exercise sound discretion while screening cases, particularly where serious power imbalances, coercion, domestic violence or other circumstances could undermine voluntary consent. The objective, she stressed, should not be to secure settlements at any cost but to ensure fair, informed and voluntary participation by all parties.
The judge also highlighted the importance of timely referrals, noting that early intervention could prevent disputes from escalating. Judges, she said, must present mediation as a credible avenue for dispute resolution rather than as a lesser form of justice or an additional procedural formality.
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On access to justice, Longkumer observed that mediation, where appropriate, could reduce the financial burden, delays and emotional strain associated with prolonged litigation. It could also enable courts to devote more time to complex cases requiring authoritative adjudication.
She further emphasised that mediation must strengthen access to justice without compromising the rights, dignity or legitimate interests of the parties. While encouraging settlements was important, she said, it should never translate into pressure on parties to reach an agreement. Any resolution must remain consistent with fairness and the law.
Longkumer said mediation and adjudication should be regarded as complementary means of achieving justice, adding that judicial wisdom lay not only in delivering reasoned judgments but also in recognising when disputes could be resolved more effectively through peaceful negotiation.
Member Secretary of NSLSA, Neiko Akami, said the legal services authority had undertaken mediation drives, special Lok Adalats and three National Lok Adalats during the year, resulting in the settlement of more than 1,000 cases across the State.
The inaugural session was chaired by Mezivolu T. Therieh, Principal District and Sessions Judge and Chairperson of the District Legal Services Authority, Kohima.
During the training programme, former Delhi High Court judge Justice Dharmesh Sharma and retired judicial officer Arun Kumar Arya served as resource persons.
The MCPC senior trainers covered the relevance of Alternative Dispute Resolution (ADR), the concept and advantages of mediation, its comparison with judicial proceedings, arbitration and Lok Adalat, and the role of mediators.
The sessions also focused on the role of referral judges, stages and procedures of referral, consent, identification of suitable cases for mediation, avoiding delays in trials, and preparing lawyers and parties for the mediation process, among other topics.
A total of 26 referral judges from across Nagaland participated in the training programme.
