Statutory Status for Mediation Highlighted by Chief Justice Sundar

The Manipur State Legal Services Authority (MASLSA), in collaboration with the Mediation & Conciliation Project Committee (MCPC) of the Supreme Court of India, is hosting a comprehensive 20-hour Refresher Training Programme for Judicial Officers and Advocate Mediators. This training will take place over four days, from March 26 to 29. The inaugural session occurred at the High Court Auditorium, attended by notable figures including Justice M. Sundar (Chief Justice of the High Court of Manipur and Patron-in-Chief of MASLSA), Justice A. Bimol Singh (Judge and Executive Chairman of MASLSA), and Justice A. Guneshwar Sharma (Judge of the High Court of Manipur).

During his inaugural address, Chief Justice Sundar highlighted the critical distinction between adjudication and mediation, emphasizing that while court judgments conclude litigation, mediation seeks to resolve the underlying conflicts in a more holistic manner. He pointed to Section 89 of the Code of Civil Procedure to underline the recognition of Alternative Dispute Resolution (ADR), particularly mediation, as a legitimate means to manage disputes. The recent enactment of the Mediation Act, 2023 solidifies mediation as not only a statutory right but also a professional duty, transforming it from a mere tool for reducing case backlog to an essential facet of the judicial process.

Furthermore, the Chief Justice reaffirmed the commitment of the High Court of Manipur to promote awareness regarding mediation as an effective alternative to traditional adversarial litigation. He noted that while conflict is an inherent aspect of human relations, engagement in adversarial combat is not necessary. The Chief Justice urged mediators to maintain neutrality and confidentiality, which are fundamental to allowing the parties involved to reach self-determined outcomes in a safe and secure environment. He encouraged judicial officers to identify and refer suitable cases to mediation early on to ensure timely resolutions.

Addressing the legal professionals present, he stressed that resolving disputes through mediation not only enhances professional credibility but also builds long-term trust with clients, rather than limiting professional opportunities.

The training is being conducted by experienced trainers appointed by the MCPC, including Justice Shalinder Kaur (former Judge, High Court of Delhi), Nisha Saxena (Principal District & Sessions Judge, Northwest District, Rohini Court, Delhi), and various advocates from Delhi, Tamil Nadu, and Maharashtra. A total of 33 Judicial Officers and 75 Advocate Mediators are participating in this comprehensive training programme.

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