Referral judges have huge responsibility to make mediation successful: Justice Tashi

Jammu, Mar 23: Justice Tashi Rabstan, Judge High Court of J&K and Ladakh, today said that referral judges have huge responsibility to make mediation successful.

According to an official press release, he addressing a sensitisation programme for nominated referral judges of Jammu province on the topic “Mediation and Role of Referral Judges in the Process of Mediation” at J&K Judicial Academy here.

The Mediation and Conciliation Committee, High Court of J&K and Ladakh in collaboration with J&K Judicial Academy and J&K Legal Services Authority had organised the programme.

Justice Tashi Rabstan, who is also the Chairman, Mediation and Conciliation Committee inaugurated the event.

While delivering the inaugural address, Justice Tashi highlighted that the mediation embodies principles of cooperation and consensus-building. “By prioritising relationships and collaboration, mediation transcends the limitations of the courtroom and offers a more holistic approach to conflict resolution. Mediation empowers individuals to resolve their conflicts swiftly, amicably, and on their own terms,”he said.. He underlined that the referral judges must possess a thorough understanding of the principles and practices of mediation, as an effective alternative dispute resolution tool in their hands.

Justice Tashi stressed that referral judges play a pivotal role in promoting the use of mediation as an alternative to traditional litigation and huge responsibility lies on their shoulder to make mediation successful. Referring to the dismal figures of cases referred for mediation by the District Judiciary in the UT of J&K during the year 2023, Justice Tashi observed that “we are lagging far behind than other states.”

He strongly urged upon all the participating referral judges as also the trial judges as a whole to embrace the principles of mediation to foster a legal system that is not only efficient and equitable but also conducive in nurturing harmonious relationships and promoting social cohesion.

Yash Paul Bourney, Director, J&K Judicial Academy, in his welcome address, gave an overview of the programme. Quoting Chief Justice of India, Justice Dr D Y Chandrachud, he said that mediation offers citizens a forum to not only determines the outcome of their disputes, but also to determine the criteria and standards by which those outcomes are evaluated. He highlighted that mediation as an Alternate or Additional Dispute Resolution mechanism, is not new to India and has been existing as part of dispute resolution mechanism since times immemorial.