Acting Chief Justice of Jharkhand High Court D N Patel on Saturday asked the district court judges not to refer cases mechanically for resolving through alternative dispute resolution mechanism (ADR) of Mediation.
“They should thoroughly examine each and every case before referring it for mediation. This will not only increase the number of cases for mediation, but also help reduce the number of non-starter cases in which the parties either do not turn up or don’t take interest in mediation,” he said.
He, especially asked all the principal district judges to emphasize on reducing the number of non-starter referrals to single digit in the monthly meetings. “If required, weekly meetings may be held for the same,” he added.
Justice Patel was speaking at a training session, attended by 110 judges, drawn from Hazaribagh, Koderma, Chatra, Ramgarh, Khunti, Simdega, Gumla, and Ranchi districts.
Interacting with all the referral Judges, who had assembled in the make shift Video Conference Room in the Court Room of Judicial Commissioner, Ranchi, he said that at present the State of Jharkhand has achieved 74% success rate in Mediation. “There is still need to increase the number of referrals, especially by the smaller districts,” he added.
Referring to the Supreme Court verdict in Afcons Infrastructures limited vs. Cherian Varkey Construction company case, he said, “Referral Judges need to go through it like a religious book. In special circumstances there is no need of consent of the parties for referral to Mediation. He also asked them to impose fine on those parties who do not turn up for mediation in order to reduce non-starter cases.
later, Justice H.C Mishra said that as per the provisions of Chapter 8 and Chapter 9 of the training manual on Mediation the provisions are in place to minimize the non-starter referrals. Justice Dr. S. N. Pathak said that the work of Judgeship is a pious work and it has to be performed accordingly.
Justice Rajesh Shankar said that referral judges by using experience and skill need to understand the cases which are there for referral to ADR system and those cases which are not there for ADR System. He said that cases of off-beat nature could also be resolved through ADR system. “There is no yardstick for nature of cases that are meant for ADR disposal. As per chapter 9 of Mediation Module, it is the duty of a Judge to impress upon the need of ADR on litigants and lawyers,” he added.
Principal Judicial Commissioner-cum-Chairman, DlSA, Ranchi, Navneet Kumar, in his welcome address, said that although provisions of Mediation has been in existence for long time, it was in a dormant state till Justice S.P. Sinha, the then Chief Justice, High Court of Delhi brought the concept of qualified Mediators and 40 Hours Mediation Training. He said that until 2010, when Afcons Infrastructures limited vs. Cherian Varkey Construction company judgment was pronounced mediation process had not fully taken off in the country. He said that even in non-compoundable cases the Mediation could resolve
the issue.