TAMILNADU MEDIATION amp Conciliation centre UMA RAMANATHAN Organizing Secretary Tamilnadu Mediation amp Conciliation Centre High Court Madras FOUNDATION Indias first court annexed mediation was kick started in Chennai on 5 ID: 209743
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COURT ANNEXED MEDIATIONTAMILNADU MEDIATION & Conciliation centre
UMA RAMANATHAN
Organizing Secretary
Tamilnadu
Mediation & Conciliation Centre
High Court MadrasSlide2
FOUNDATION
India’s first court annexed mediation was kick started in Chennai on 5
th
April 2005 with just two rooms allotted by then Chief Justice
Markandeya
Katju
Then Chief Justice
A.P.Shah
carried the banner by arranging training and conducting orientation programmes in mediation
Then Chief Justice
M.Y.Eqbal
inaugurated fully furnished mediation centre in the High Court in 2012Slide3
TRAINING OF MEDIATORS & TRAINERS
Ms.
Geetha
Ravindra
trained mediators & trainers in 2005, 2006 & 2008
British council conducted training of some mediators from our centre
Mr.
Greg
Relyea
conducted advanced training for mediators in Chennai & Madurai in 2012
Mr.
Rahim
Shamji
conducted advanced trainers training in 2012
Mr.Victor
Shachter
and
Ms.
Laila
Ollapally
conducted refresher training in 2013
{Only
advocates are trained as mediators, Judges are only given an
orientation training}.Slide4
MEDIATION IN TAMILNADU
160 mediators trained in Chennai & 965 Mediators trained throughout the state
20 trainers who have travelled throughout India to impart mediation skills
32 programmes conducted for referral judges
12 sound proof, air-conditioned rooms with piped music and lounge with visual material about mediation to encourage participation in High court centre
ADR centre in High Court campus with two floors for family Court, city civil court and Labour court and auditorium
ADR centres in districts with facility for mediationSlide5
ORGANIZATION
Committee of 3 High Court Judges, Advocate General, Senior advocate and Co-ordinator
Assistant Registrar with supporting staff
Organizing Secretary, 2 Joint Secretaries
District Legal services secretary of each district as coordinator in districts
Clerical staff to manage centresSlide6
Unsettled cases include Non-starters/unfit cases also.
Settled case refers to the Mediation case and includes several connected Court cases Slide7
E + QUALITY = EQUALITY
Enabling- building confidence
Encouraging-helping them to take different perspectives
Empowering-building ability to find realistic options
Empathizing- acknowledging the emotions and
vallues
Emerging trends- keeping updatedSlide8
MAXIMIZING Vs SATISFICING- { Herbert Simon }
Institutionalising mediation
Setting goals for the conduct and practice of mediation and recognizing potential
Fixing criteria and standards for selection and training of mediators
Mentoring and monitoring of mediation
Recommendations for legislation to regulate the functioning of mediation
Encouraging and promoting mediation as a viable and appropriate dispute resolution process.
Facilitate dialogue for collaborative conflict management between stakeholdersSlide9
CERTIFICATION
Attitude and aptitude for training
Completion of training as mediator
Completion of cognitive behavioural skills training
Competence as mediator
Continuous proficiency skills training
Assessment and evaluation
Mediation council licencing
Appraisal & renewal-accreditationSlide10
SUSTAINABILITY
Propagation of mediation
Skilled mediators
Constant evaluation of the programme
Continuous education
Integrity & ethics in practice- self determination & consensual agreements
Building bridges with juvenile & child care and women assistance agencies
Selection of cases and referring of appropriate cases in court programmes
Autonomy in court annexed mediationsSlide11
WORKABILITY
Regulations for referral and recording in minor criminal offences
Regulations for recording agreements in which staggered payments or performance over a period of time are considered as best
Regulations and rules for ensuring participants presence after requesting/ordering mediation
Regulations for ethical practices and standards to implement effective mediation practice.Slide12
JAI HO!
Commitment and collaboration between the bar and the bench and belief in the process alone can transmit the magic in conflict transformation.
Mediation integrity can be enhanced only by acknowledging values and concerns
Mediation
must be allowed to germinate and unfurl
,
to enable stakeholders to get the value of
oit’s
real potential.