court annexed mediation madras high court

UMA RAMANATHAN
Organizing Secretary
Tamilnadu Mediation & Conciliation Centre
High Court Madras
FOUNDATION
India’s first court annexed mediation was
kick started in Chennai on 5th 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
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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}.
MEDIATION IN TAMILNADU
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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
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
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 }
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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
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
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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
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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