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CENTRE
FOR MEDIATION
(A Society Registered Under the West Bengal Societies Registration
Act, 1961)
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In
India, Courts of Law are overburdened with cases. Number of Judges
is grossly inadequate in relation to population. Justice delivery
system is unable to cope with growing number of litigation. Inordinate
delay, complicated procedure, over-technical approach, expenses
involved and associated hazards act as serious impediment to the
cause of justice, evoke a sense of helplessness and shake the
confidence of the common people in efficaciousness of our justice
delivery system. It is apprehended that this system may crumble
under heavy weight of volume of cases.
Alternative Dispute Resolution (in short ADR) system has been
designed and introduced to reduce burden of cases in Courts of
Law. To emphasize the need for amicable settlement of disputes
outside the Courts, Section 89 has been inserted in Civil Procedure
Code imposing a duty on courts to refer disputes, if there exist
elements of mutual settlement for a) Arbitration b) Conciliation
c) Lok Adalat and d) Mediation.
Mediation is a quick, low cost and non-adversarial mode of ADR.
Settlement through this mode usually does not leave behind any
ill-feeling, bitterness or bickering. Mediation is a non-statutory
non-binding procedure in which an impartial and skilled Mediator
guides and assists the parties in working out mutually agreed
settlement of disputes without any kind of compulsion or external
pressure. Method followed in Mediation is flexible, non-technical
and free from procedural rigidity or complexity. Because of its
flexible nature, non-adversarial approach and wider opportunity
of sitting together and exchanging respective perceptions on various
aspects of the dispute, Mediation has already become very popular
in USA and several European Countries. Success rate in Mediation
is very high in USA and UK.
In some of the States in India like Tamil Nadu, Maharashtra, Andhra
Pradesh, Mediation is being resorted to as an effective mode of
ADR and success rate is encouraging.
Most important requirement for successful Mediation is availability
of skilled Mediators with proper training. A Mediator should have
amiable and pleasing personality, analytical mind to explain things
lucidly, persuasive faculties, capacity to inspire confidence,
skill to explore the core of the problem and ability to guide
the parties along the course of mutual settlement.
Centre for Mediation is a Society registered under the West Bengal
Societies Registration Act, 1961, It is a non-profit organization.
It has been formed with the object of spreading awareness about
the effectiveness of Mediation, imparting required training to
have skilled and trained Mediators, offering facilities for Mediation
and strengthening ADR system by encouraging people to settle disputes
mutually through ADR mechanism.
The Society, Centre For Mediation, had its inaugural programme
on February 11, 2011 in the auditorium of Hazra Law college where
its President Justice Chittatosh Mookerjee, Vice President Justice
Pradipta Ray, and Secretary Justice Aloke Chakrabarti were present.
Various dignitaries were also present like Judges of the High
Court, Judicial Minister of the State, Advocate General, Advocates,
Social Workers, representatives and students of Hazra Law College
and NUJS, and law students.
Prof. P.T. Hoffman of Houston University, USA was the key note
speaker.
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www.centreformediation.org
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