Sitting amid the blackened remains of his home, 32-year-old Nikesh Gawali carefully broke open a half-melted plastic box with a screwdriver. His hands shook slightly, not out of fear, but out of hope. “I’m trying to find my daughter Aarti’s gold earrings,” he said quietly, still focused on the box. “She’s just five. I got them made recently after months of labour work.” The plastic box, warped and blackened by heat, was one of the few things left from his two-room house on the outskirts of Dhamangaon village . All around him lay ash, broken tin sheets and charred wooden beams. The walls had cracked under the heat and the front room’s tin roof had caved in completely. What remained was a blackened debris all around - almost nothing to suggest a home once stood there. Nikesh earns his living as an agricultural labourer, like many in the village. Work is uncertain and depends on the season. Those earrings weren’t just jewellery - they were a small dream, a reward for his hard work,...
Published on Jan 13, 2019
“We are enjoying the fruits of mediation process in the cities. However, it is difficult in rural areas to convince the litigants that mediation is one of the instruments to resolve the disputes amicably,” stated Justice Naresh Patil, Chief Justice of Bombay High Court and Patron-In-Chief of Maharashtra State Legal Services Authority (MSLSA) on Saturday.
He was delivering inaugural address at Regional Conference on “Mediation: Capacity Building, Issues and Challenges” organised by MSLSA and Main Mediation Monitoring Committee, Bombay High Court and Mediation Monitoring Sub-Committee, Nagpur in coordination with District Legal Services Authority (DLSA), Nagpur at Hotel Centre Point on Saturday. Justice A S Oka, Justice B R Gavai, Justice R V More and Justice R K Deshpande were prominently present on the dais.
Elaborating importance of mediation, Justice Patil further said, “if the matter is settled through mediation, both the parties are in a win-win situation.” Stating mediation is India’s traditional way to resolve the disputes amicably, Justice Patil opined that if the litigants are required to pursue the matter years together, then they will have to spend many more years of their lives for getting resolved the dispute. He also informed that mandatory provisions were made applicable to the commercial disputes.
The Chief Justice also draw attention towards Himilayan Pendency of cases in the courts and shortage of judges and infrastructure facilities. “There is burden on the institution to deliver justice to the litigants,” he said and added that it is now necessary for us to adopt methods of mediation and deliver justice. He also appealed judicial officers to refer good cases for mediation to achieve better success rate.
Justice R K Deshpande, Senior Administrative Judge of Nagpur Bench of Bombay High Court delivered welcome address. He said that area of commercial disputes, role of referral judges in selection of cases for mediation and code of conduct for the referral judges as well as the mediators are the three aspects of discussion of the conference.
The best Referral Judge P K Agnihotri, Family Court, Nagpur, best trained Judge Mediator Parmar, Secretary, DLSA, Wardha and trained Advocate Mediator Sharmila Charalwar were felicitated at the hands of dignitaries.
Shrikant Kulkarni, Member Secretary, MSLSA extended vote of thanks at the end of the conference. Principal District Judge, Nagpur Shashikant Savale and his colleague Judicial Officers exerted hard for the success of the conference. V B Kulkarni, District Judge-2, Nagpur and his team arranged for the wide publicity of the event.
Judicial officials must apply mind, says Justice Gavai
During the second session of the conference, Justice B R Gavai and Rajiv Patil, Resource Person and Designated Senior Advocate, Mumbai shared the dais. Justice Gavai emphasized on role of referral judges in mediation process and selection of cases, which are suitable for mediation. He also said, “Judicial Officer has to apply his mind and decide which case is fit for mediation and which cannot be referred for mediation."
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