During the ancient period and medieval period the disputes were being resolved in an informal manner by a neutral third person, who would be either an elderly person or a village Chief or panchayat. The Legal system has since then been changed right from the advent of the British to India. This present legal system has proved to be costly and time consuming due to over procedural wrangles, technicalities of law and the inability of large number of litigants to engage lawyers. Due to the long process of justices delivery system, people started to loss their trust and confidence in the judicial system. The search for a simple, quick, flexible and accessible dispute resolution system has resulted in the adoption of Alternative Dispute Resolution mechanism. The techniques used in the Alternative Dispute Resolution are negotiation, conciliation, mediation, arbitration and Lok Adalat. The basic purpose is to try to resolve dispute between parties litigating with the most minimum effort and cost. Under the provisions of Section 89 Civil Procedure Code, the court is empowered to direct the parties to choose among different ADR modes provided therein for resolution of their dispute outside the Court.
What are the functions of ADR?
- ADR is not to supplant altogether the traditional legal system, but it offers an alternative form to the litigating parties.
- ADR tends to settle the disputes in a neutral and amicable fashion.
- ADR can be seen as integral to the process of judicial reform signifying the “access to justice approach”.
- ADR can be view as a compromise where non loses or wins, but everyone walks out as winners.
- Mediation statistics
- Report On The 40 Hours Mediation Training Programme Conducted By The Meghalaya State Legal Services Authority In Collaboration With The Mediation & Conciliation Project Committee, Supreme Court Of India W.E.F. 9th - 11th October And From 30th October - 1st November, 2015
- List of Mediators of the Meghalaya State Legal Services Authority
List Of Mediation And Conciliation Centre In Meghalaya,
|1||Shillong Centre||Mediation and Conciliation, Shillong Centre, Room No 115, MATI Building, Additional Secretariat, Shillong-793001.|
|2||Williamnagar||Mediation and Conciliation,C/o Deputy Commissioner, East Garo Hills District, Williamnagar-793111.|
Mediation centre of the Meghalaya State Legal Services Authority
- The Mediation Centre under the Meghalaya State Legal Services Authority was constituted on 30th January, 2009 and started functioning from April, 2009.
- The Mediation and Conciliation Centre consisted of 12 members who are retired Judicial Officers and Advocates .
- The Members are as follows:
- Shri. H. Nongrum (Retd. District Judge)
- Shri. H. S. Thangkhiew (Sr. Advocate)
- Shri. V. G. Kynta (Sr. Advocate)
- Shri. N. D. Shullai (Sr. Advocate)
- Shri. S. P. Mahanta (Sr. Advocate)
- Shri. H. Nongkhlaw (Sr. Advocate)
- Smti. A Paul
- Smti. T. B.Yangi
- Shri. L. Khyriem
- Smti. P. D. B. Baruah
- Shri. M. F. Querishi
- Shri. C. H. Mawlong
The Centre is temporarily functioning from the office of the Meghalaya State Legal Services Authority.
The Centre has its sitting twice a week, that is, on every Monday and Thursday of the week
MEDIATION ACTIVITIES IN MEGHALAYA
ENDEAVOUR AND ACHIEVEMENTS
- Mediation is one of the Alternative Dispute resolution Methods contemplated under section 89 of the Code of Civil Procedure.
- There are only two Mediation Centres in Meghalaya
- One of the Centre was set up by the Meghalaya State Legal Services Authority at Shillong
- One of the Centre was set up at Williamnagar, East Garo Hills District .
- The Meghalaya State Legal Services Authority has approached the State Govt. for acquisition of land for construction of a separate building for the ADR Centre at Shillong and for the appointment of staff for the same.
- Most of the cases that have been referred were solved by the Mediators.
- Most of the Maintenance cases are being referred by the State Women’s Commission
- Some of the parties in Maintenance cases approached the Centre by themselves.
- Legal aid is being provided to certain cases where the Centre could not solve mutually between the parties.
- Most of the cases solved through mediation in Meghalaya are at a pre-litigation stage.
- The Mediation Centres have also taken up cases referred by the High Court and the Districts Court.
- A total number of 97 cases were received for mediation during 2009 to 2015
- Out of these, 47 cases were disposed of through mediation, 14 cases were recommended legal aid.