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Need to encourage alternate dispute resolution methods: CJ


Srinagar, Oct 5: Chief Justice of J&K High Court, Justice Gita Mittal on Friday stressed the need for strengthening and encouraging the alternate dispute resolution through arbitration and mediation. She said there is an imperative need to establish a fast track resolution of disputes and to encourage arbitration in the state so that a robust system of alternate dispute resolution is put in place.

The Chief Justice was speaking during the inaugural session of the 3-day State-level intensive Mediation Workshop organized by the Mediation and Conciliation Committee of the Jammu and Kashmir High Court and supported by Jammu and Kashmir Government at SKICC here on Friday.


“Mediation has become a real game changer, not in the context of addressing judicial disposals but as an alternative dispute redressal mechanism and an essential part of every person’s life. Mediation plays critical role in delivering timely justice to the people and has become an integral part of daily functioning and critical part of dispute resolution in very important areas, including commercial disputes or family disputes”, said Justice Mittal.

The Chief Justice further said that mediation as an alternative justice delivery system was introduced in the state only 10 years ago and more tangible efforts are needed to popularize it among the masses so that people make its optimum use. Organizing such an extensive training workshop is also aimed at to institutionalize the system of mediation in the State and creating a permanent mechanism to improve and promote timely justice to the people, she said.

Justice Gita Mittal said the Lawyers were having difficulties while responding to the path of mediation because rules do not postulate payments for lawyers. She said there are several areas where rules need to be relooked not only because of nature of litigation which has come to courts, but also the nature of problems which the state is facing. She said mediation evolved just a decade ago and much needs to be done especially, with regard to the magnitude and the level of expertise which has been attained by the mediation centres in other parts of the country.

She lauded the efforts of Mediation Centre for bringing the experts from across the globe to train the lawyers and judges in the State in mediation skills. She said the occasion will help participants to hone their skill in mediation, especially in working with sprit of harmony.

Justice TashiRabstan, Chairman Mediation and Conciliation Committee, High Court of Jammu and Kashmir in his address said that after the introduction of Mediation as an alternative system of justice in 2009, the same has been institutionalized as per the guidelines laid down by the Mediation Conciliation Project Committee of Supreme Court of India.

Giving status of the functioning of the Mediation Centres in the State, Justice Rabstan said that till date, eight Mediation Centres have been made functional across the State, while land for six districts is yet to be identified.