P R O P O S A L / S U G G E S T I O N S CHALLENGES AND SOLUTIONS IN MEDIATION IN THE STATE 1

Absence of awareness of Mediation amongst the members of the Bar One of the impediments in the path of growth of Mediation is the ignorance noticed amongst the Counsel representing the parties. This has been found true in the majority of the members of the Bar. In order to overcome this, it is suggested that sensitization programmes for the members of the Bar be undertaken vigorously. 2

Limitations in the role of Mediators - need for flexibility As per the training module prescribed for the Mediators, they are prohibited from making any suggestions as regards the terms of settlement. As a consequence, many of the Mediation fail at the final stage where suggestions by Mediator could have facilitated successful culmination of the Mediation process. It is suggested that in circumstances where the parties have agreed to a settlement but for certain 3

4 aspects, the Mediators may be permitted to give suggestions to the parties as inputs for deliberation in the Mediation process but not as an imposition, leaving the decision to accept those upon the parties or not.

Finality to settlement agreements in Mediation One of the major factors discouraging litigants in opting for settlement of disputes through Mediation is its uncertain fate until a decree is passed by the Referral Court. To overcome this, the overwhelming opinion is that a settlement arrived at in the medication process should achieve finality immediately after the mediation proceedings culminate instead of waiting for a decree to be passed 5

6 by the Referral Judges. For this, Section 89 of the Code of Civil Procedure, 1908, requires to be given a re-look.

Infrastructure The lack of infrastructure at Village and Block levels have often proved to be deterrents in the effective implementation of schemes and programmes. Availability of at least one room in any Government establishment such as the Block Level Offices, Panchayat Bhawans, etc. would facilitate convenient conduct of Mediation and related programmes. The State Governments could be requested to provide at least one room wherever possible at the grass root level. 7

The following may also be considered as steps to overcome the challenges faced above: 1. Intensive refresher courses for trained Mediators. 2. Refresher programmes for Judicial Officers as Referral Judges. 3.Training module for the Mediators be modified by introducing an element of flexibility in the methods being applied by the Mediators. 4.Need for special training programmes on Mediation for Para-Legal Volunteers. 8

9 5. Interaction amongst the trained Mediators intra and inter state interactions of trained mediators. It was also suggested that trained mediators from one State could be taken to observe actual Mediation sessions being conducted in States having larger Mediation Centres to learn best practices.

In view of Sikkim having sufficient number of trained Mediators we intend to commence Refresher programmes for the trained Mediators/Referral Judges shortly. This is also one of the programmes envisaged by the MCPC. 10

We intend to give additional thrust on mediation in the awareness programmes being conducted by the Sikkim SLSA by adopting different methods in addition to distribution of pamphlets during the awareness programmes and by attaching those to summon/notices issued by the Courts. For this purpose part of the fund provided for the “training of mediators” may be utilized. These Awareness Programmes are being held also in remote villages with difficult accessibility as a part of the effort of Sikkim SLSA to reach out to those who have thus far been found to be neglected. 11

The Sikkim SLSA has published its second edition of “Lessons in Law” which contains a detailed information on Mediation. “Lessons in Law” is taught in all government schools in the State in the IX and XI standards as a part of school curriculum. 12

The teachers teaching the subject “Lessons in Law” in the schools have also been trained on Basics of Law and as Para Legal Volunteers. We have trained 209 teachers so far since The SLSA is now in the second phase of providing Refreshers Training to such teachers. A training programme was recently completed in the North District and training for the other districts is on the cards. 13

14 TEXT ON “LESSONS in LAW” FOR CLASS IX & XI ( )

15 TEXT ON “LESSONS in LAW” FOR CLASS IX & XI ( )

16 END OF PART TWO GURDONGMAR LAKE