In US, mediation a tool to settle disputes: Justice Rajiv Sharma

Our Correspondent

Advertisement

Shimla, July 24

The Himchal Pradesh Judicial Academy organised a one-day conference on Mediation at the High Court today. Inaugurating the conference, Justice Sanjay Karol said the state could be a role model in the field of mediation. He said nearly 1,051 cases were referred to mediation in 2015, of which 339 were settled.

Justice Rajiv Sharma stressed on the role of gram panchayats in the resolving disputes, adding, with the arrival of adversarial litigation, mediation had taken a back seat and pendency in the courts had increased.

He said in the United States, mediation was a recognised tool to settle the dispute between the parties prior to filing of a case and even during the trial resulting reduced pendancy, adding, the same model could be replicated in India too.

Justice Rajiv Sharma said time had come for the judges to shed their traditional neutrality and adopt a pro-active role. The change is not only necessary for the judges but is also a legislative mandate under Section 89 of the Code of Civil Procedure.

Justice Tarlok Singh Chauhan, Justice P.S.Rana, Justice Vivek Singh Thakur, Justice Ajay Mohan Goel, Justice Sandeep Sharma and. Justice Chander Bhusan Barowalia were also present on the occasion.

Around 112 judicial officers from all over the state and about 22 law students and 7 faculty members from Himachal Pradesh University, University Institute of Legal Studies and APG University participated in this conference.

Gurnam Singh Dhillon, Additional District and Sessions Judge, Jalandhar; Gopal Singh, Additional District and Sessions Judge, Fazilka and Sanjay Kumar, Additional District and Sessions Judge, Delhi, spoke on the topics — “From Dispute Adjudication to Dispute Resolution” and “Role and Responsibility of Referral Judges”.

Former judges of the Himachal Pradesh High Court Justice RK Mahajan, Justice DP Sood and Justice VP Bhatnagar, Advocate General Shrawan Dogra, President of the HP High Court Bar Association, KS Banyal; President District Courts Bar Association, Shimla, Prem Singh Negi; Registrar General Rajeev Bhardwaj, Registrar (Vigilance) Arvind Malhotra, Registrar (Rules) Virender Sharma, Registrar (Administration) RK Chaudhary; Director of Himachal Pradesh Judicial Academy Rakesh Kainthla, Joint Director Hans Raj, Deputy Director Avinash Chander, Member Secretary of the Himachal Pradesh Legal Services Authority Yashwant Singh Chogal and other dignitaries were also present on the occasion.