Thane gets mediators to clear pending court cases

Last Updated: Wednesday, June 29, 2011 - 13:42

Thane:District Courts in Thane will soon have two mediators to clear a large number of pending cases. These mediators who will hear the litigants will resolve the dispute and help the judiciary at the district level, said Ulhas T Pol, Secretary, and District Legal Aid Services Authority.



He said the latest concept in judicial system was to appoint mediators who will sort out the disputes between the parties and make efforts to arrive at a settlement.



A team of judicial personnel including senior lawyers and judges were given a week-long extensive training for the same at the legal centre at Uttan here recently.



P N Munde, Additional Sessions Judge and Ravindra Sonwane, senior advocate from Thane were trained at the Centre besides district judges from other places like Dhule and Jalgaon.



The trained personnel will hold sessions in the coming days after cases are transferred to them by the district court and resolve them to the best of their ability, it was stated.
Giving further details Pol said this was only an initial batch which was being tried out and once the same is successful then it would be extended to the entire state in phased manner.



This is besides the various measures including the Lok Adalat, Mega Lok Adalat and Maha Lok Adalat being held periodically, he said.



He further said that mediation was a form of Alternative Disputes Resolution contemplated as one of the alternatives to the traditional justice delivery system. It is a method of non binding dispute resolution involving a neutral third party, who tries to bring together the disputant parties to achieve a mutually agreeable solution.



Pol further said that mediation was a form of intervention involving a process in which third party .i.e. the Mediator assists parties to a dispute to themselves resolve their differences.



The parties to the dispute have an opportunity to ventilate their grievances and feelings through the process of mediation and to thereafter tailor the solution to their unique circumstances and demands.



The mediator does not impose any solution but creates a favourable environment to enable parties to resolve their dispute themselves amicably, he said.
Pol said all civil cases, comprising actions for injunctions, declarations, damages, partition, specific performance, money, rent, family disputes and dispute related to intellectual property rights or dishonoured cheques u/s 138 of the Negotiable Instruments Act except those cases where there are serious allegations of fraud etc will be dealt by mediators.



In addition, Suitable criminal cases under sections 406/498-A, of IPC and cases which are not compoundable under law could also be referred to mediation, he said.



Listing the benefits of mediation he said the most important was it narrows the issues in disputes by identifying areas of agreement and disagreement. It helps save, time, money and energy as a dispute can be resolved at any time by mediation before or during a trial, or appeal prior to judgment.



PTI



First Published: Wednesday, June 29, 2011 - 13:42
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