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NORTH EAST REGION

ASSAM


Mediation Centres :


           Mediation as an ADR system was initiated in Assam in 2008 by setting up mediation centres and providing infrastructure facilities with the fund received from NALSA. Initially ten districts were identified vide letter No. ASLSA 41/2008/1535, 12-08-08 for setting up of Mediation Centres. The ten identified districts are: (1) Cachar, Silchar (2) Dhubri (3) Barpeta (4) Kamrup, Guwahati (5) Nagaon (6) Tezpur (7) Dibrugarh (8) Jorhat (9) Dhemaji (10) Kokrajhar.

Besides the above noted Mediation Centres, Assam Mediation Centre under the Assam State Legal Services Authority and Gauhati High Court Mediation Centre were also set up and are now functioning.

Training programmes:

1.         MCPC has conducted training programmes for Mediators in Assam, with assistance from ASLSA. The first training programme for 40 hours was held in two phases, from 28.11.08 to 30.11.08 and from 05.12.08 to 07.12.08. Trainers from the Delhi Mediation Centre were the Resource Persons. A total of 12 participants took part in the training programme which included 06 Judicial Officers and 06 Advocates.

2.         Thereafter another 40 hours training programme for Chairman of DLSAs, members of Permanent Lok Adalat and Advocate Mediators was conducted by the ASLSA under the aegis of the MCPC. This programme was held from 06.03.10 to 10.03.10 at IIBM, Khanapara, Guwahati. A total of 34 participants had undergone the training programme, which include 09 Chairmen of DLSAs, 10 Members of Permanent Lok Adalat and 15 Advocate Mediators. Trainers from the Delhi Mediation Centre were the Resource Persons. During the mediation training, apart from intensive lectures, there were also visual demonstrations of mediations conducted in Delhi Mediation Centre. Group exercises were also conducted and each trainee had an opportunity to play the role of a Mediator at least once during the training period.

3.         Again, from 17.12.2010 a 40 hour mediation training programme was organized at Guwahati where 19 advocates were given training in association with the Indian Law Institute, Assam Unit with the support from MCPC, New Delhi. The second phase of the said programme concluded on 06.01.2011 to 08.01.2011. At the same time another awareness programme for the Referral Judges was also held at Guwahati on 08.01.2011 in which the Judicial Officers from Kamrup District attended the programme and benefited with the ideas and views of the trainers and others.

4.         During that time another interactive session on the topic “Mediation - An effective tool for Alternative Dispute Redressal” was organized by the Indian Law Institute, Assam Unit in which Hon’ble Mr. Justice R.V. Raveendran, Judge, Supreme Court of India participated as the Chief Guest and delivered the key note address.

Progress:

1.         In the principal Mediation Centre (in Kamrup District) managed by DLASA, Kamrup, the total number of cases referred for mediation is 617 (upto 31.01.2012). Of these 204 (177 main+27 connected) cases have been settled. The bulk of cases received and settled is from May, 2011 onwards.

2.         Assam now has two certified mediators, that is, those who have successfully completed ten mediations. They are Ms. Jahnavi Barua and Mr. Gautam Choudhury, both advocates. Other mediatiors who have completed ten or more successful mediation and fullfills critia for certification are Advocate Baharun Saikia, Advocate Hiranmoni Phukan ,Advocate Shabana Aziz Choudhury , Advocate Rita Das Mazumdar ,Advocate Rajesh Bhatra ,Advocate Pallab Bhowmick ,Advocate Bijan Chakraborty and Smti Jyostshna Das (Co-Ordinator/Judge Mediator).

3.         Sufficient number of brochures explaining the concept of mediation have been printed and distributed to the litigants and the judicial officers have been requested to make them available in the court-room. These brochures are mainly in Assamese and brochures in Bengali are also being prepared.

4.         Brochures in Assamese language are being issued with the summons in every civil case now being filed in the District Courts in Kamrup. This is on an experimental basis.

5.         The format of the summons issued by the civil courts in Kamrup District has been modified to add a paragraph that mediation facilities are available. This is also on an experimental basis. The purpose of this is to give a litigant an immediate option of going in for a settlement through mediation.

6.         ASLSA has conducted mediation awareness programmes from time to time, but admittedly, a lot needs to be done in this regard.

Statistical details relating to the functioning of Mediation Centres in Assam as on 31st July, 2011.

 

1

Number of Mediation Centres in the state

12

2

Number of Mediators:

  1. Mediators who have undergone 40 hours training
  1. Others:

Total:

 

59

42

101

3

No. of cases referred:

1165 (Up to 31.01.2012)

4

No. of settled :

292+27

5

Percentage of success :

26%

6

No. of Training programmes held :

a.Mediation Training Programme:

       a1) Total No. of Participants:

b.Referral Judge Programme:

       b1) Total no. of judges trained:

c.Awareness Programme:

       c1) Approximate no. of participants:

 

3

59

02

27

12

370

ARUNACHAL PRADESH


           In Arunachal Pradesh mediation is in existence since long ,however there is no conventional mediation . Customary dispute resolution systems (called kebang or bulyang) are very active and efforts have been made to strengthen these systems.

           The possibility of improving the infrastructure in the customary dispute resolution systems is being explored. So far the response from the district administration has been very positive, and a final nod from the State Government is expected.

NAGALAND


           In Nagaland mediaiton is slowly taking its shape. However, efforts to strengthen the traditional courts (called Dubhashi Courts) were made but the State Government needs to come with positive response.

MIZORAM


           In Mizoram active steps for strengthening the traditional Village Council Courts is being explored for amicable resolution of disputes.

MANIPUR


           All the judicial officers in Manipur have been imparted 40 hour mediation training under the auspices of the MCPC.

           A decision has already been taken to construct an ADR Centre in Imphal and even the building plans have been finalized. Sanction of funds is awaited.

           Only 11 cases have so far been referred to mediation and of them 6 have been successfully settled.

MEGHALAYA


           In Meghalaya mediation is already taking its speed.Through there are no trained mediators, some advocates have taken the initiative and have settled 11 cases in the Mediation Centre in the Additional Secretariat Building.

TRIPURA


           In Tripura 41 persons have undergone 40 hour training programme and it is expected that mediation will soon resolving dispute among people.


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