Mediation always existed in Indian culture as a dispute resolution: Justice Tashi Rabstan

JAMMU, APRIL 30: An extensive forty hours Mandatory Mediation Training programme for the Advocates of various districts of Jammu province spreading over five days concluded today at J&K Judicial Academy, Jammu with the valedictory address delivered by Justice Tashi Rabstan Judge, High Court of J&K and Ladakh and Chairman, Mediation and Conciliation Committee.

In his address, Justice Tashi said that considering the shortage of trained mediators the present training programme was devised for the Advocates of Jammu Province. Justice Tashi who has been heading the Mediation and Conciliation Committee from last about 8 years said that the Mediation rules framed by the High Court of J&K and Ladakh are exhaustive and referral judges are required to identify and refer the cases having potential of being settled through the process of mediation. He further said that now-a-days many big companies having enormous economic activities are witnessing upsurge in disputes which they want to be settled through the process of Mediation. 

Justice Tashi appreciated the participants in the training programme for showing keen interest besides actively participating and interacting with the trainers during the said programme. Justice Tashi impressed upon the trainees to work with dedication and ensure that the mediation becomes result oriented. 

Speaking on the occasion V.K. Bansal, Principal Judge, Family Court, Tis Hazari, Delhi and Senior Trainer said that this was his 5th or 6th programme as a trainer in Jammu and Kashmir and was more than happy to receive an invitation from MCPC, Supreme Court of India for being deputed as a trainer to Jammu and Kashmir.

He further said that he was overwhelmed by the reception and hospitality extended to him and appreciated the enthusiasm with which the trainees participated in the programme.

 Dr. Aditi Choudhary, Director Delhi Judicial Academy also acknowledged that the participation of the trainees in the programme was beyond her expectation and queries raised by them during the programme gave a food for thought to the trainers. She hoped that the participants would prove to be an asset for carrying on the mission of mediation in UT of Jammu and Kashmir and Ladakh.

The Training Programme was spread over a total of 12 sessions and day one started with the inaugural session followed by technical sessions on various aspects of mediation that included Ground Rules, Principles of Learning and Training, Conflict Management and Resolution, Role Play, ADR with special reference to Section 89 of Code of Civil Procedure, 1908 and its types.

On the second day of training various aspects including Role of Lawyers and the concept of Mediation and Conciliation Rules, were discussed. The focus was on meaning and process of communication, its effectiveness including its types and modes. Special emphasis was laid on various communication skills like active listening, body language, questions and empathy with neutrality. 

On 3rd and 4th day of the training, priority was given to the concepts of Bargaining, Negotiation, Impasse including its causes, stages, management and strategies, false and avoidance impasse. During these two days the participating advocates were practically involved in experiencing various techniques learnt during these sessions. At the end of day 04, various professional ethics including ethical principles for a mediator, role and responsibilities of a referral judge u/s 89 of Code of Civil Procedures 1908, were targeted. 

The concluding day, commenced with the concept of ethical principles for Judicial and Advocate mediators followed by an informative documentary. The highlight of all the days of training program was the Role Play on Mediation by the participants which also boosted their morale for mediation process. 

While concluding the training programme Amit Kumar Gupta, Coordinator, Mediation & Conciliation Committee, High Court of J&K and Ladakh thanked and expressed deep gratitude towards Justice Tashi Rabstan, Chairperson and Justice Sindhu Sharma and Justice Mohammad Akram Chowdhary, Members, Mediation and Conciliation Committee, High Court of J&K and Ladakh for conceiving this training programme. He also thanked Director, J&K Judicial Academy for extending logistics support.