Kohima, 31 October (MTNews): The inaugural session of the 40-Hour Mediation Training Program for Judicial Officers and Advocates in the state of Nagaland commenced on 31 October in Kohima. This program is organized by the Nagaland State Legal Services Authority under the auspices of the Mediation and Conciliation Project Committee (MCPC) of the Supreme Court of India.
Justice Lanusungkum Jamir, a Judge of the Gauhati High Court and Executive Chairman of the Nagaland State Legal Services Authority, delivered the keynote address during the inauguration.
He emphasized that mediation training serves as a source of inspiration for the legal system at large, promoting the rule of law and the efficient utilization of alternative dispute-resolution mechanisms.
Justice Jamir noted that the Indian judicial system is unique, not only because of its written constitution but also because of the immense trust people place in it. However, he acknowledged its complexity.
To address the needs of the underprivileged who seek redress through the legal system, Justice Jamir stressed the importance of mediation in promoting the rule of law and the efficient use of alternative dispute resolution mechanisms. He highlighted the increasing prevalence of private mediation, particularly at the pre-litigation stage, as well as the evolving role of mediators in providing active assistance to parties in reaching negotiations. Justice Jamir emphasized the necessity for clear standards and mediator neutrality, given the current complexity of conflicts.
“The beauty of mediation lies in its ability to provide solutions that not only satisfy the parties within the bounds of the law but also resolve issues of delay, contributing to economic, financial, and commercial growth and the development of society,” added Justice Jamir. He encouraged all participants to fully embrace the advantages of mediation within the judicial system.
TN Mannen, Advisor to Law & Justice and Law Revenue for the Government of Nagaland, noted the government’s efforts to streamline the customary legal system in Nagaland, recognized under the special provision of Article 371(A) for the state. He emphasized the historical significance of this system, which has existed since time immemorial. Mannen underscored the importance of adapting it to meet the changing needs of the present, lest its significance be lost.
Mannen also observed that despite being entangled in various issues for over a century, the supremacy of the law in Nagaland is yet to be fully established. He highlighted that there are no absolute rights or absolute wrongs and, therefore, conciliatory mediation should be appreciated. He stressed that solutions should be accepted by parties through impartial mediators.
Additionally, Mannen pointed out that the purpose of the law is to address any sense of injustice not through force but through mutual understanding. Mediation, he noted, is globally recognized as an essential tool for achieving this purpose.
Mezivolu T Therieh, OSD Registrar and Member Secretary of MCPC at the Supreme Court of India, expressed that mediation, as an alternative to traditional litigation, is gaining widespread acceptance and demonstrating its efficacy and cost-effectiveness as a well-established dispute resolution mechanism. She highlighted two critical factors contributing to the success of mediation: the willingness of the parties and the skill of the mediator in guiding them to a point where an agreement is attainable.
Therieh explained that the mediator’s role is to facilitate issue identification and clarification, foster communication, explore resolution options, and assist the parties in reaching a mutually acceptable agreement. She emphasized the importance of well-trained, knowledgeable, impartial, creative, and efficient mediators who create a conducive environment for creative problem-solving, trust, and confidentiality.
Providing a brief background on MCPC, Therieh mentioned its establishment in 2005 along with the enactment of the Mediation Act. She also noted the system’s shift toward early dispute detection to facilitate early resolution.
The welcome address was delivered by Victo Sema, NJS, Member Secretary of NSLSA, while Apila Sangtam, a Panel Lawyer, chaired the program. The event featured the presentation of the NSLSA theme song by Kohima DSLA.
The 40-Hour Mediation Training is scheduled from October 31to November 4 and involves Nagaland’s Judicial Officers and Advocates. The training is being conducted by a team of experienced trainers, including Dr Aditi Chaudhury, District Judge and Director of the Delhi Judicial Academy; Nagina Jain, Advocate and Mediator Trainer at the Delhi High Court; Harish Dudani, Principal Judge (Retired) from Delhi; and Jaya Goyal, Advocate and Mediator Trainer at the Delhi High Court.