The 40 Hours Mediation training programme organized by the Nagaland State Legal Services Authority under the aegis of Mediation & Conciliation Project Committee (MCPC), Supreme Court of India began at Hotel Japfü, Kohima on February 21.
Mezivolu T Therieh, NJS, Principal District & Sessions Judge Kohima & Former Registrar, Supreme Court of India (i/c mediation & legal services) while delivering Inaugural address underscored that mediation is an ongoing movement in the country with the need for more trainers in India. Speaking from the point of the Supreme Court, she highlighted that it is part of a broader family of alternative dispute resolution mechanism for reducing case loads and enhancing access to justice while maintaining its focus to pre-litigation, informed a press release.
The judge expressed how mediation is different from other ADR processes where the mediator is a key point at facilitating dialogue with the parties and see how the parties come to a negotiating point. In her experience, she pointed how some cases come with challenges stretched in time and phased from Court to Court and place to place but the attempt to mediate the case where parties have the autonomy to exercise their freedom in expressing their difference are sometimes beautifully resolved.
Theriah said becoming a trained mediator has also benefited her as a life changing process and transcends professional spaces. Highlighting other advantages of mediation, she mentioned that as per Mediation act 2023 under section 7, an important aspect of the act was that it empowers courts and tribunals to refer disputes to mediation at any stage.
She further pointed out that despite the Act already being adopted, some of its provisions are on the process of being implemented.
“After it is fully implemented, it will be a good professional career for the trained mediators who are not only practicing lawyers, but judges and retired lawyers,” Therieh.
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Therieh also appreciated the Chief Justice of India Justice Surya Kant for launching the 2.0 mediation for the nation to promote mediation as a mainstream mode of dispute resolution.
In Nagaland, she said, community mediation was also a need of the hour while observing that community mediation has been present since time immemorial. However, she noted that customary judges can be trained to settle dispute in a more organised manner.
Delivering the introduction, Neiko Akami (NJS), Member Secretary, NSLSA expressed how during the first 90 days nationwide mediation drive last year, it was observed that there was dearth of trained mediators from all the districts of Nagaland and trained mediators were penetrated in districts like Kohima and Dimapur. To provide access for Mediation to all beneficiaries by training learned counsels coming from all districts of the state, this training has been initiated this year.
Programme was chaired by Kekhrienguno Catherine, Panel Lawyer, Kohima DLSA. 26 learned counsels are participating at the Mediation training. The resource persons for the training are Reema Bhandari, Senior Trianer, MCPC and Rita Das Mozumdar, Senior Trianer, MCPC.
