Judges and lawyers Friday described mediation as an alternate medium of delivering justice and called for its optimum use.
Speaking during the three day basic induction trainingprogramme on mediation organized by J&K High Court and Mediation andConciliation Committee, they said mediation facilitates access to justice.
Justice Tashi Rabstan who inaugurated and chaired thesession at J&K State Judicial Academy here, said that good negotiationskills can help resolve most types of disputes. “With training anyone canbecome a more effective negotiator in a wide range of disputes as negotiationtheory and practices are well defined,” he said.
Underling that mediation is assisted or guided negotiation,Justice Rabstan said the mediation process uses negotiation techniques byintroducing a neutral third party who assists disputants in finding a mutuallyacceptable solution to their conflicts.
“The negotiation process brings existing disputes andconflicts between disputants to an end in a rational and comprehensive manner.With mutual empathy and understanding of each other’s situations, there ismaximization of choices available for settlements for both the sides,” headded.
Stressing the need for organizing such programmes for thejudges and lawyers on regular basis, he said that refresher trainings are mustfor everyone to hone skill to enhance the capacity and capabilities to meet theemerging challenges in the field of judiciary
District and Sessions Judge Srinagar Abdul Rashid Malik whoco-chaired the session, said that section 89 of CrPC makes a judge duty boundto explore the possibilities of mediation when he finds chances of settlement.”In mediation the mediator conducts joint and separate sessions withparties and explores the chances of settlement,” he said.
“Judges and lawyersshould make earnest efforts to engage the parties to take the path of mediationin addressing their issues and disputes. It would also help in reducing thependency of chronic cases. Mediation is a tool to access of justice,” Maliksaid.