The backlog accumulated in the courts in our country is a source of concern for the Governments, the Judiciary and the litigants. Several methods to resolve  expeditiously these disputes  have been considered and it is found essential that – (a) the courts also must be involved in settling the cases outside the court by way of Mediation, Negotiation and Arbitration and (b) Section 89 of the CPC to be introduced to enable the courts to refer cases, even in pending suits, to Mediation, Conciliation, Arbitration, Lok Adalat or Judicial Settlement for resolution of the disputes, all of which are known as court-annexed procedures. 

As a consequence of insertion of Section 89 of CPC, the High Courts and the District Courts  are under an obligation to encourage Mediation as an essential means for settlement of disputes.  Mediation Rules were framed and published by the High Courts for the guidance of the people. The Rules so framed provide that a person trained by an Institute recognized by the High Court can  be considered for appointment as a Mediator.

The Supreme Court in a very recent decision in the case of Afcons Infrastructure Limited & Another vs. Cherian Varkey Construction Company Private Limited & Others  SCC (2010) 8 Supreme Court Cases 24  considered this matter in extenso and held that the following suits and cases of civil nature “are normally suitable for ADR processes” (page 28 of the SCC cited supra).

“All other suits and cases of civil nature in particular the following categories of cases (whether pending in civil courts or other special tribunals/forums) are normally suitable for ADR processes:

• All cases relating to trade, commerce and contracts, including
• disputes arising out of contracts (including all money claims);
• disputes relating to specific performance;
• disputes between suppliers and customers;
• disputes between bankers and customers;
• disputes between developers/builders and customers;
• disputes between landlords and tenants/licensor and licensees;
• disputes between insurer and insured;
• All cases arising from strained or soured relationships, including
• disputes relating to matrimonial causes, maintenance, custody of children;
• disputes relating to partition/division among family members/coparceners/co-owners; and
• disputes relating to partnership among partners.
•  All cases where there is a need for continuation of the pre-existing relationship in spite of the disputes, including
• disputes between neighbours (relating to easementary rights, encroachments, nuisance, etc.);
• disputes between employers and employees;
• disputes among members of societies/associations/apartment owner’s associations;
• All cases relating to tortious liability, including
• claims for compensation in motor accidents/other accidents; and
• All consumer disputes, including
• disputes where a trader/supplier/manufacturer/service provider is keen to maintain his business/professional reputation and credibility or product popularity.

The above enumeration of “suitable” and “unsuitable” categorization of cases is not intended to be exhaustive or rigid. They are illustrative, which can be subjected to just exceptions or additions by the court/tribunal exercising its jurisdiction/discretion in referring a dispute/case to an ADR process”.

It may not be out of place to mention that the process of appointing trained Mediators has already started by the District Courts of Andhra Pradesh.

In view of  the fact that a large category of cases  are amenable for resolution by Mediation, it is found necessary to offer training for Mediation. The NALSAR University of  Law, Hyderabad and the ICADR, which have experience in training candidates for the award of P.G.Diploma in Alternative Dispute Resolution and P.G.Diploma in Family Dispute Resolution methods are organizing a Certificate Course exclusively for Mediation. The Supreme Court has opined that training in Mediation should be for 40 hours in order to prepare a county-wide pool of Mediators.  This course is therefore designed for 40 hours in 5 days.

Eligibility              :        Any person who is a Graduate, preferably in Law, is eligible to  apply for  the  Certificate Course in Mediation.

Course Fees           :        The fees payable for the entire course which includes the study material,  lunch  and tea  is Rs.10,000/- per candidate.

Duration of Course :        5 days (40 hours of training) from Wednesday to Sunday, starting in the second week of November 2010.

The NALSAR University of Law will award the Certificates of Participation.

After undergoing this course, candidates can be considered for appointment as Mediators by the Courts or alternatively they can independently pursue a career in Mediation.  There are several  opportunities for  resolving disputes outside the court. Only when Mediation fails, the courts will proceed with the trial of the case before them. Thus Mediation has a great future.

Interested candidates may contact the Secretary, ICADR, Regional Centre, 10th Floor, Gaganvihar Building, Opp. Gandhi Bhavan, M.J.Roaad, Hyderabad-500 001 (Ph.No. 24745165/24731514) for further details and obtain the application form. The last date for submission of the application forms is 25th October, 2010.