Ranchi, Jharkhand | August | 12, 2017 :: District Legal Services Authority (DLSA) cum-Mediation Centre, Ranchi hosted the training programme for Referral Judges in which Referral Judges of Eight Districts participated. The holding of the programme has been approved by Hon’ble the Acting Chief Justice, Jharkhand High Court cum Patron-in-Chief, JHALSA.
Referral Judges from the districts of Hazaribagh, Koderma, Chatra, Ramgarh, Khunti, Simdega, Gumla as well as Ranchi participated in this training programme which was scheduled from 11AM to 02 PM at The Multipurpose Hall at Judges’ Colony, Kanke Road, Ranchi.
More than 110 Referral Judges, including 22 from Hazaribagh, 12 from Koderma, 9 from Chatra, 9 from Ramgarh, 4 from Khunti, 4 from Simdega, 12 from Gumla, and 42 from Ranchi participated in the training programme.
Hon’ble Mr. Justice D. N. Patel, the Acting Chief Justice, Jharkhand High Court cum Patron-in-Chief, JHALSA, Hon’ble Mr. Justice H C Mishra, Judge, High Court of Jharkhand, Hon’ble Mr. Justice Dr. S. N. Pathak, Judge, High Court of Jharkhand, Hon’ble Mr. Justice Rajesh Shankar, Judge, High Court of Jharkhand interacted with all the referral Judges of eight districts who had assembled in the make shift Video Conference Room in the Court Room of Judicial Commissioner, Ranchi while delivering Key-note address.
Hon’ble Mr. Justice D. N. Patel, the Acting Chief Justice said that at present the State of Jharkhand is achieving 74% success rate in Mediation. There is still need to increase the number of referrals especially by the smaller districts. His Lordship also said that there is need to minimize the number of non-starter cases in the mediation centers. His Lordship asked all the PDJs to emphasize on reducing the number of non-starter referrals within single digit in the monthly meetings. If required, weekly meetings may be held for the same.
His Lordship also said that the services of Retainer Lawyers and Remand Advocates may be utilize to shortlist such pending cases that could be disposed off in Lok Adalats.
His Lordship, referring to the AFCONS INFRASTRUCTURES LIMITED VS. CHERIAN VARKEY CONSTRUCTION COMPANY case, said that everything about Mediation Process has been mentioned in that case and it is the biggest Judgment given by Mr. Justice R.V Raveendran and Mr. Justice J.M Panchal. His Lordship said that Referral Judges need to go through it like a religious book. His Lordship said that in special circumstances there is no need of consent of the parties for referral to Mediation. His Lordship asked Referral Judges to impose fine on those parties who do not turn up for mediation in order to reduce non-starter cases.
Later, Hon’ble Mr. Justice H.C Mishra, Judge, High Court of Jharkhand addressed all the referral judges and said that as per the provisions of Chapter 8 and Chapter 9 of the training manual on Mediation the provisions are in place to minimize the Non-starter referrals. His Lordship wished success to all for the Referral Judges Programme.
Later, Hon’ble Mr. Justice Dr. S. N. Pathak, Judge, High Court of Jharkhand addressed the referral judges and said that the work of Judgeship is a pious work and it has to be performed accordingly. His Lordship said that right from the Vedic Age legal services have been performed. Even in emergency period the Legal Services was performed. His Lordship said that following the system and guidelines will help us achieve our goal.
Later, Hon’ble Mr. Justice Rajesh Shankar, Judge, High Court of Jharkhand addressed the referral judges and talked about the experience and skill of Judiciary. His Lordship said that referral judges by using experience and skill need to understand the cases which are there for referral to ADR system and those cases which are not there for ADR System.
His Lordship said that cases of off-beat nature could also be resolved through ADR System. There is no yardstick for nature of cases that are meant for ADR Disposal. As per chapter 9 of Mediation Module, it is the duty of Judge to impress upon the need of ADR on litigants and Lawyers.
His Lordship said that cases in which government is a party could be sent to such higher authority who has the power to take decision in the process of Mediation for resolving the issue. In the end His Lordship said that Judicial Officers should utilize Judicial and personal skills to minimize non-starter referrals.
The address of Hon’ble Judges of High Court was followed by the Training Programme on Mediation at the Multipurpose Hall at Judges’ Colony.
Sri Navneet Kumar, Judicial Commissioner-cum-Chairman, DLSA, Ranchi welcomed all the referral judges in Ranchi. In his welcome address, respected Judicial Commissioner said that although provisions of Mediation has been in existence for long time, it was in a dormant state till Hon’ble Justice S.P. Sinha, the then Chief Justice, High Court of Delhi brought the concept of qualified Mediators and 40 Hours Mediation Training. He said that until 2010, when AFCONS INFRASTRUCTURES LIMITED VS. CHERIAN VARKEY CONSTRUCTION COMPANY judgment was pronounced mediation process had not fully taken off in the country. He said that even in non-compoundable cases the Mediation could resolve the issue. Many case of criminal cases barring those involving moral turpitude in question could be referred for Mediation. He giving example of the Birla Maidan Case and Case involving 150 litigants in a property matter of forgery said that these cases have been resolved in Mediation Centre, Ranchi. He welcomed the referral Judges and informed that him alongside a qualified Trained Trainer will be imparting training for the day.
Later, one of the Guest Judges, Sri S. K. Singh, Principal District Judge, Hazaribagh also addressed the referral judges and said that ADR System is very useful in taking off the burden of heavy pendency on India Courts. He said that a number of Civil Cases compound to the filing of Criminal Cases. It happens because the parties do not get a platform to talk and mediate. With Mediation in place such connected cases could also be disposed of amicably through ADR Mechanism.
The Referral Judges had the opportunity to watch the NALSA theme song directed by Prakash Jha. The Story of Mediation, documentary, showing success stories of Mediation Centre, Ranchi made under the aegis of Jharkhand State Legal Services Authority and in the guidelines of the then Chief Justice Hon’ble Virender Singh was also played during the Training Programme.
Ms Manisha Rani, Trained Trainer, Ranchi conducted the training programme with the help of Power Point Presentation. She also shared her personal experiences as a Mediator and shared the various skills that Referral Judges could employ for High Rate of Successful Mediation.
