COURT ANNEXED MEDIATION

TAMILNADU MEDIATION & CONCILIATION CENTRE

UMA RAMANATHAN

Organizing Secretary

Tamilnadu Mediation & Conciliation Centre

High Court Madras

FOUNDATION India’s first court annexed mediation was

kick started in Chennai on 5th 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 2012

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}.

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 mediation

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 centres

• Unsettled cases include Non-starters/unfit cases also.

• Settled case refers to the Mediation case and includes several connected Court cases

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 updated

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 stakeholders

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-accreditation

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 mediations

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.

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.