Jammu & Kashmir State Judicial Academy today organized one day programme on role and responsibility of referral judges as per Section 89 CPC in the state judicial academy at Janipur here.
The training programme was inaugurated by Justice Alok Aradhe, Chairman, J&K State Judicial Academy alongwith Justice Tashi Rabstan, Chairman, Mediation and Conciliation Committee, High Court of J&K. All the District & Sessions Judges and Munsiffs of Jammu Province participated in the programme.
Proceedings were conducted by Abdul Rashid Malik, Director, J&K State Judicial Academy.
While introducing the subject of the Orientation Programme, Malik emphasized that with the advent of globalisation and the growth of science and technology in our everyday lives has given rise to new causes of action, which call for a corresponding change in the way we see disputes today. Moreover, Mediation may be a useful mechanism to reduce the large backlog of cases that congest our legal system. It reduces costs, time and stress as compared to Court based litigation and creates peace and harmony in the society.
Justice Tashi Rabstan, Chairman, Mediation and Conciliation Committee, High Court of J&K in his special address said that Delay and time consuming processes of the litigation prosecuted in accordance with the detailed procedures has resulted into development of alternative dispute Redressal mechanism. 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 mechanisms. 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. Even the Mediators start realizing transformation in themselves.
Justice Alok Aradhe, Judge, High Court of J&K and Chairman, J&K State Judicial Academy in his special address 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 mechanisms, 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. Delay in administering justice is as good as denial. Litigation is often time-consuming. Alternative dispute resolution mechanisms like mediation and arbitration must be encouraged.
Resource Person, Shalinder Kour, District & 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. And Resource Person Neena Bansal Krishna, District & Sessions Judge, Director (Academics), Delhi Judicial Academy deliberated upon Role and Responsibility of Referral Judges under Section 89 of CPC. The Judicial Officers interacted with the Resource Persons.