ADDRESS AT THE TAMIL NADU MEDIATION AND CONCILIATION CENTRE, CHENNAI
04-09-2006 : Chennai
Innovations in Justice Delivery
I
am delighted to participate in the 1st anniversary function of the
Tamil Nadu Mediation and Conciliation Centre. I find that this
Mediation and Conciliation Centre has been able to resolve many
disputes pertaining to workmen, between family members, shipping
matters involving eight parties of different nationalities, matrimonial
cases, custody of children and land encroachment matters. My greetings
to Shri Justice Markandeya Katju and Shri Justice Ajit Prakash Shah for
their pioneering work in the field of mediation and conciliation action
in Tamil Nadu. It is indeed a noble cause to find an effective method
to find a solution to a long standing dispute and create harmony among
people especially the family members. Many times, a court case results
out of misunderstanding and lack of effective communication between
parties. When an objective mediator facilitates removal of
misunderstanding between the parties without going into the legal
rigour and corresponding expenditure, there is a fair chance of early
settlement of the cases as a win-win situation. I would like to talk on
the topic "Innovations in Justice Delivery".
The establishment of Mediation and Conciliation Centre reminds me of a
Conflict free society being created in Chitrakoot area of Madhaya
Pradesh.
Towards a Conflict Free Society In
Chitrakoot, I met Shri Nanaji Deshmukh (Age 90+) and his team members
belonging to Deendayal Research Institute (DRI). DRI is a unique
institution developing and implementing a village development model,
which is most suited for India. Apart from all the development
activities, the institute is facilitating a cohesive conflict free
society. As a result of this, I understand that the eighty villages
around Chitrakoot are almost litigation free. The villagers have
unanimously decided that no dispute will find its way to court. The
differences will be sorted out amicably in the village itself. The
reason given by Nanaji Deshmukh is that, if the people fight among each
other, they have no time for development. I consider that this model
may be propagated in Tamil Nadu by some of the societal organizations.
Mediators and Conciliators may facilitate such an action.
Mediation Over
a period of time, the influx of cases to Courts has increased. We have
to enhance the throughput of the system through multiple channels of
justice delivery system in time. The human ingenuity has given birth to
various alternative dispute resolution systems complementing the
traditional time-tested and well-established system and procedure of
courts. The concept of mediation and conciliation is not new to our
country. The recent statutory recognition has enabled us to introduce
them formally in our Courts. Our legal system has found four systems of
settlement other than trial, namely, arbitration, conciliation,
judicial settlement and mediation.
Broadly speaking mediation is a decision-making process in
which the parties are assisted by a third party, the mediator; the
mediator attempts to improve the process of decision-making and to
assist the parties reach an outcome to which each of them can assent.
Conciliation is a form of an assisted negotiation between two or more
parties in which an additional person, the conciliator, intervenes in
various ways with the object of facilitating a settlement between the
parties. To some extent in practice there may be overlapping between
the two. The essential distinction is based on the fact that the role
of conciliator is more ?interventionist? than that of a mediator.
Mediation may result in resolution of dispute; conciliation emphasizes
more on dissolution of dispute. The fact remains that the two processes
are distinct from the methods of early neutral evaluation, fact-finding
facilitation and family counseling. This is definitely a faster method
of dispute resolution compared to the conventional court processes.
Only thing is that we have to have trained mediators and conciliators,
who can see the problem objectively without bias and facilitate
affected parties to come to an agreed solution. In my opinion, this
system of dispute resolution is definitely a cost effective system for
the poor. I would only suggest that in cases involving parties from
rural areas, the mediators and conciliators may move to the site of
occurrence of the problem and resolve the issue. While I am with you, I
am reminded of the initiative taken by Shri Justice JN Bhatt in
establishing mobile legal clinic and lok adalats at Ahmedabad and
Patna. 
The
person who occupies the position of mediator or conciliator in the
Mediation and Conciliation Centre has to be known for unique qualities
such as skill, poise, tact, art of persuasion, human behaviour and
psychology. Mediator must possess the qualities of being a role model
in the society, impeccable integrity and ability to persuade and create
conviction among the parties.
The members of the Mediation Bar would enjoy high respect and regards
of the society because of their service to society and the standards
they maintain. A separate website can be created wherein the cases
settled by the mediators are displayed. This will enable the citizens
to understand the efficacy of this system and request the courts to
transfer the cases to Mediation and Conciliation Centre. 
In
1950's, I have observed Rameswaram, there were two systems prevailing
in villages. One was Panchayat Board for the management of the villages
and the other was Panchayat Court. This Panchayat Court had a well
known, respected personality as President. Two more members, one
representing the district authorities and the other representing the
Panchayat nominated by the board. This was disposing off 15 to 20 cases
every week. Tamilnadu Mediation and Conciliation Centre can consider
having such a mission at Panchayat level. 
Suggestions for Mediation and Conciliation I
would like to give the following suggestions for the consideration of
the High Court of Tamil Nadu in relation to the functioning of
mediation and conciliation centre.
a. Mediators and conciliators should be advised to take special
interest in cases pertaining to the poor people, minors and women.
b. The judicial officers for mediation and conciliation centre may be
selected from the group of experienced, matured, retired officers of
the State with due care for ensuring objectivity. 
c.
The High Court may find alternative premises for the functioning of
mediation and conciliation centre which will provide the right ambience
for the mediation and conciliation.
d. As far as possible, the parties concerned should be encouraged to represent their cases to the mediators directly.
e.
Judicial officers who are mediating should apprise the parties that
what they are doing is in the best interest of both the parties and
decide the cases based on the merits even if one of the parties does
not fully cooperate.
f. The parties may be allowed to represent the case through a written
statement without the need for elaborate submission of evidence.
g. It is desirable to make the award given by the mediator as final.
h. Women and children appearing before the mediator may be allowed to
be accompanied by a responsible person so that they can represent the
case properly. 
Conclusion I
would recommend documenting the mediation and conciliation cases dealt
with by Tamil Nadu Mediation and Conciliation Centre, which can become
a useful training material for future mediators and the conciliators. I
suggest all the Mediation and Conciliation Centres in India can be
networked through web services with the details of status and decisions
on cases handled. This will provide the transparency to the affected
parties or persons and many will come forward for getting their cases
settled through this mechanism. Eventually, speedy settlement of number
of cases will bring down the pending cases in the Courts and also
provide the citizens necessary peace of mind enabling them to apply
their effort towards constructive tasks.
My best wishes to the members of Tamil Nadu Mediation and Conciliation
Centre in their mission of delivering speedy justice with nobility to
the needy citizens of Tamil Nadu.
May God bless you.
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