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Published byErika Boone Modified over 8 years ago
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UMA RAMANATHAN Organizing Secretary Tamilnadu Mediation & Conciliation Centre High Court Madras
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FOUNDATION India’s first court annexed mediation was kick started in Chennai on 5 th April 2005 with just two rooms allotted by then Chief Justice Markandeya Katju Then Chief Justice A.P.Shah carried the banner by arranging training and conducting orientation programmes in mediation Then Chief Justice M.Y.Eqbal inaugurated fully furnished mediation centre in the High Court in 2012
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TRAINING OF MEDIATORS & TRAINERS Ms. Geetha Ravindra trained mediators & trainers in 2005, 2006 & 2008 British council conducted training of some mediators from our centre Mr. Greg Relyea conducted advanced training for mediators in Chennai & Madurai in 2012 Mr. Rahim Shamji conducted advanced trainers training in 2012 Mr.Victor Shachter and Ms. Laila Ollapally conducted refresher training in 2013 {Only advocates are trained as mediators, Judges are only given an orientation training}.
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MEDIATION IN TAMILNADU 160 mediators trained in Chennai & 965 Mediators trained throughout the state 20 trainers who have travelled throughout India to impart mediation skills 32 programmes conducted for referral judges 12 sound proof, air-conditioned rooms with piped music and lounge with visual material about mediation to encourage participation in High court centre ADR centre in High Court campus with two floors for family Court, city civil court and Labour court and auditorium ADR centres in districts with facility for mediation
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ORGANIZATION Committee of 3 High Court Judges, Advocate General, Senior advocate and Co-ordinator Assistant Registrar with supporting staff Organizing Secretary, 2 Joint Secretaries District Legal services secretary of each district as coordinator in districts Clerical staff to manage centres
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Unsettled cases include Non-starters/unfit cases also. Settled case refers to the Mediation case and includes several connected Court cases
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E + QUALITY = EQUALITY Enabling- building confidence Encouraging-helping them to take different perspectives Empowering-building ability to find realistic options Empathizing- acknowledging the emotions and vallues Emerging trends- keeping updated
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MAXIMIZING Vs SATISFICING- { Herbert Simon } Institutionalising mediation Setting goals for the conduct and practice of mediation and recognizing potential Fixing criteria and standards for selection and training of mediators Mentoring and monitoring of mediation Recommendations for legislation to regulate the functioning of mediation Encouraging and promoting mediation as a viable and appropriate dispute resolution process. Facilitate dialogue for collaborative conflict management between stakeholders
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CERTIFICATION Attitude and aptitude for training Completion of training as mediator Completion of cognitive behavioural skills training Competence as mediator Continuous proficiency skills training Assessment and evaluation Mediation council licencing Appraisal & renewal-accreditation
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SUSTAINABILITY Propagation of mediation Skilled mediators Constant evaluation of the programme Continuous education Integrity & ethics in practice- self determination & consensual agreements Building bridges with juvenile & child care and women assistance agencies Selection of cases and referring of appropriate cases in court programmes Autonomy in court annexed mediations
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WORKABILITY Regulations for referral and recording in minor criminal offences Regulations for recording agreements in which staggered payments or performance over a period of time are considered as best Regulations and rules for ensuring participants presence after requesting/ordering mediation Regulations for ethical practices and standards to implement effective mediation practice.
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JAI HO! Commitment and collaboration between the bar and the bench and belief in the process alone can transmit the magic in conflict transformation. Mediation integrity can be enhanced only by acknowledging values and concerns Mediation must be allowed to germinate and unfurl, to enable stakeholders to get the value of oit’s real potential.
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