Gauhati High Court Mediation Centre in Nagaland launched

Justice Sharad A. Bobde, Judge, Supreme Court of India speaking at the inauguration of the mediation centre and commendation ceremony held at Gauhati High Court, Kohima Bench. (Photo Courtesy/NSLSA Kohima)

 

Kohima, December 2 (MExN): Justice Sharad A. Bobde, Judge, Supreme Court of India inaugurated the first mediation centre in the state of Nagaland at Gauhati High Court, Kohima Bench on December 1.

 

Public Relation Assistant, NSLSA Kohima in a press release stated that addressing at the inauguration of mediation centre and commendation ceremony as chief guest organized by the Gauhati High Court, Kohima Bench and Nagaland State Legal Services Authority (NSLSA), Justice Sharad said conflict is a part of society and the normal rule is where Judges frequently take decisions on the conflict.

 

“Somebody gets pleased and somebody gets displeased yet that is not the concern of the judges but does what he conceives to be justice,” Sharad commented.

 

Justice Sharad A. Bobde pointed out that one must understand that judiciary process has limitations and reminded that the most important limitations and the underlying causes of conflict remain unaddressed.

 

Therefore, he said mediators rely on addressing the main problem between people and many times it is not a piece of property but a feeling of envy and hatred which manifest as a dispute of property and goes to some extent, whereby the Mediator address the basic issues between parties and try to bring about and expose the main issues so that parties realize what they are fighting over and it gets resolved.

 

Lauding that Karnataka and Delhi has one of the highest success rates in mediation Justice Sharad A. Bobde said that frustration and dissatisfaction is high seeing from the number of appeals filed as any decision that is taken it results in appeal or other.

 

He said that such is absent in mediation because the decision is the outcome of the parties themselves as they decide what they want and decide what is good for harmony.

 

He said that a court decree is always imposed on the parties with no choice and it is unsatisfactory and there is a lack of satisfaction even after victory because in some cases people have succeed but yet come for appeal because they are aggrieved by one finding or the other. He said that such dissatisfaction is absent in mediation.

 

Justice Sharad A. Bobde highlighted that we are used to the adversarial system inherited from Anglo Saxon laws where the concept of dividing the pie hurts the ego of both sides where there is a high value placed on winning rather than finding the best solution.

 

Further he informed that there are advantages of mediation contrary to suit as there is deviation from the truth because people don’t want to admit facts particularly commercial disputes. He said that however, that is not so in mediation which involves a high degree of confidentiality.

 

Justice Sharad A. Bobde also pointed out that Nagaland has traditional method of solving disputes. “if we can combine those methods in the mediation process it would bring about much greater peace than any other system in Nagaland because in many society particularly the tribal society it is the traditional society which inspire more faith than civil and criminal procedure” he stated.

 

He added that straightforwardness and honesty culture in Nagaland has never diminished even after the British rule and even after a large part of the population developed faith in Christianity

 

Asserting that Christianity contains one of the finest recommendation of mediation agree he referred from the Bible that “Agree with thine adversary quickly, whiles thou art in the way with him; lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison”.

 

He congratulated NSLSA for setting up the mediation centre stating that it will go a long way in bringing greater peace in the state mediation culture which needs to be inculcated.

 

Justice Sharad A. Bobde also gave away commendation citation and certificate to Zunheboto DLSA for Best District Legal Services Authority, Sunjib Rana for Best Panel Lawyer, Tingkai for Best Para Legal Volunteer, Phek DLSA for covering maximum churches during the state-wide campaign “Fight Against Human Trafficking” and Dimapur DLSA for generating maximum fund during the state-wide fund drive to “Aid the victims of disaster in Kiphire”. On the same day, he also inaugurated the legal stall by NSLSA at the Hornbill festival, Kisama.

 

Speaking as the Guest of honour Justice Justice A.S. Bopanna, Chief Justice Gauhati High Court and Patron-in-Chief NSLSA said mediation is an integral part with section 89 of the civil procedure code and also now in the commercial litigation where mediation is made compulsory.

 

He advised that advocates should identify cases so that many of the disputes could be resolved by mediation.

 

Many a time, he said litigants are tired of litigation for some time and at that stage if the matter is referred to mediation there is a likelihood of settlement especially in smaller parts of the country where most people are known to each other and if such matter are referred to mediation, there is a win-win situation to both the parties.

 

He urged to make best use of the mediation centre and see that mediation process is a success.

 

Welcome address was delivered by the Justice N. Kotiswar Singh, Judge Gauhati High Court & Executive Chaimran NSLSA and vote of thanks by Mezivolu T. Therieh, NJS, Member Secretary NSLSA
The gathering was enthralled through welcome song in folk tune by Nagaland College of Music & Fine Arts
The programme was chaired by Wonchibeni V. Patton, NJS, CJM & Secretary Mokokchung DLSA.

 

The programme was attended by the Justice Rama Linga Sudhekar, Chief Justice, Manipur High Court and Justice Ajit Singh, Former Chief Justice of the Gauhati High Court & Patron-in-Chief NSLSA with other high court judges, judicial officers, members of the registry, lawyers, and government officers.

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