Samadhan, the Delhi High Court’s Mediation and Conciliation Centre, was established in 2006 during the tenure of then Chief Justice Markandey Katju..Around 22,000 cases have been referred to Samadhan for mediation till date. Out of these, around 7,300 cases were directly settled through mediation and a further 4900 connected cases were also consequently settled. Thus, more than 12,000 cases have been settled by Samadhan at a rate of more than 60 percent..Bar & Bench spoke to Senior Advocate and Member of the Overseeing Committee of Samadhan, Sudhanshu Batra, who gave a thorough insight into the Centre and its functioning. Below are the excerpts..The Beginning.Batra recounts the initial hiccups in the establishment of Samadhan..“Initially, the lawyers resisted constituting a mediation centre here. They thought it would result in an ‘alarming drop in revenue’. So they were not in favour of it.”.But a solution was soon found..“Justice Katju spoke to the then President of the Bar Association, Mr. AS Chandhiok. He told Justice Katju that if lawyers are allowed to run the Mediation centre, they will not object..Justice Katju liked the idea and consented. He agreed that lawyers could run it but with an overseeing committee comprising judges and lawyers.”.Samadhan started with two small rooms, one reception area and 35 lawyers who were trained as mediators. Says Batra,.“Today we have 13 rooms in the extension block and around 17 new rooms in the administrative block. There are about 265 mediators on the Panel of Samadhan. Besides, there are many applicants who are waiting to be trained..I remember, when we started, Justice Katju had said that even if one out of 10 cases are settled, it will be a great service to the society. Today we have close to 60 percent success rate. I think that is remarkable because the cases which are assigned to us are not run of the mill cases..Many cases are complex involving human relationships, both personal and commercial. Cases such as Matrimonial Disputes, Family disputes, IPR disputes, Property matters, Company matters and various other Commercial disputes are usually referred to Samadhan. So it has been a very successful Centre.”.Who are the mediators?.It is lawyers who act as mediators and there is a robust programme in place to train and nurture mediators. Batra explains the procedure in place for the same..“Samadhan conducts its own training programmes and workshops. We have a ‘basic course’ which runs from Friday to Sunday. It is a residential programme and resource persons from different parts of the country and abroad have been conducting these workshops..Some of us have now become trainers ourselves. Once the advocates attend the basic programme, we give them the status of a co-mediator. A co-mediator sits along with a mediator for a certain number of mediations. Once they complete those mediations, they attend another workshop which is called the ‘advance course’. The advance course is also a residential programme. After they complete the advance course, they are competent to be assigned work as mediators.”.Having lawyers as mediators would mean that a complete change in the outlook towards the case is required. As Batra says “lawyers need to wear a different hat while sitting as a Mediators.”.“They need to develop communication and negotiation skills and exhibit sensitivities while dealing with the parties. Use of appropriate language is extremely crucial to mediation process. As lawyers, they have an adversarial attitude, while as a mediator they need to be completely neutral and develop trust with the parties. These skills are taught during the training programmes and they develop the art of mediation with experience..In fact, after the end of the programme, advocates often feel that the programme also helps them change their own lives for the better.”.Going about a case.Initially, Samadhan used to deal with court-annexed mediation alone. That is, .matters which are referred to the Centre by the court for attempting an amicable settlement. If the court feels that the matter is capable of being resolved and the parties volunteer to participate in Mediation, the matter is referred to Samadhan..Batra explains the process:.“Once, the matter is referred here, it is marked to a mediator on the panel who is familiar with the particular field of law. Then the mediation sessions commence. The mediation process itself is a science in that there is a flexible structure, it is party centric and facilitative in nature. Mediators are not judges. They use their communication and negotiation skills abilities to assist the parties in identifying the real areas of conflict thereby leading them to a path of finding the most acceptable solution to their disputes.”.With the success of court-annexed mediation, Samadhan started the process of pre-litigation Mediation as well. These are matters which are referred by the parties or their counsel for attempting resolution of a dispute before approaching the courts. This process is governed by Part 3 of the Arbitration and conciliation Act, 1996, and is known as Conciliation..“Initially, it was mostly matrimonial matters and family disputes which were referred to Samadhan. Then slowly, commercial disputes and partnerships disputes started to pour in. Now we have IPR disputes like Patent, Trademark and Copyright matters, labour disputes, service matters, banking matters, company matters etc.”.Finances.Samadhan gets a fixed amount every year from the Delhi government. Apart from these funds, Samadhan takes contributions from lawyers and mediators to conduct training programmes. In fact, Samadhan also conducts refresher workshops and interactive sessions with the trained mediators. Batra says,.“We do pay an honorarium to the Mediators. Although the amount is pittance compared to the fess that lawyers charge in Delhi, nevertheless the Mediators spend a lot of time and energy conducting Sessions. Mediation can be effectively done by those who are committed to the cause and are passionate about it.”.Batra also explains another category of cases called ‘non-starters’..“Those are cases in which the parties are not ready to shift from their positions at all. So even if Mediators spend a couple of sessions with them, the proceedings are closed as ‘non-starters’. In such cases Mediators are not paid anything. A few of the Senior Advocates who are trained Mediators don’t even take the honorarium.”.The statute and time.Mediation is not mentioned anywhere except in Section 89 of the Code of Civil .Procedure and Section 30 of the Arbitration and Conciliation Act. Is more statutory wherewithal needed to boost Mediation? Batra thinks so..“Section 89 was tweaked a bit by the Supreme Court in the Afcons Infrastructure judgment. But, I think it still needs to be improved a lot.”.According to Samadhan’s Rules, a time limit of 90 days has been prescribed to dispose of a case..“In certain cases we might not be able to adhere to that. In such cases, we give interim reports to the courts. In the reports, we state as to whether or not the mediator finds elements of settlement. If the court is satisfied, it extends the time by a judicial order..Ordinarily we attempt to close mediation within 90 days. Sometimes parties opt for Mediation to delay the adjudication in courts. The mediators ought to sense that and close mediation if that is so.”.Backlog.With judiciary’s mounting arrears, mediation is often viewed as solution to arrest backlog. But Batra has a different take:.“Mediation should not be promoted because we want to reduce backlog. Mediation addresses relationship issues between the parties, helps them resolve conflicts. If that results in settlements which helps reduce burden on courts, then that is fantastic..But one should not propagate mediation as an alternative to the adjudicatory system, to reduce pendency. In fact Mediation is complimentary to the adjudicatory system of dispensation of justice. So if people get an impression that this system is good because courts are heavily burdened, then I must clarify that it is not the position. What the courts cannot address due to limitations in law, Mediation can attempt to do so.”.Promoting mediation.Mediation is doing well in certain cities but not so much in other places..“It is doing well in Bangalore, Chennai and Chandigarh. Unfortunately, it did not take off in Mumbai, Gujarat etc., says Batra..He is of the opinion that mediation centres tend to do well when there is a healthy collaboration between the Bench and the Bar..“The Judges of the Delhi High Court encourage mediation. We have had excellent judges in the Overseeing Committee. The Chairmen have been Justice Manmohan Sarin, Justice Mukul Mudgal, Justice SK Kaul, Justice Gita Mittal and now Justice GS Sistani. All of them have been very passionate about mediation. Until Judges give an impetus to the mediation process, Mediation Centres cannot be successful. Delhi High Court Mediation and Conciliation Centre can proudly claim to be one of the best centres due to an effective collaboration between the Bench and the Bar.”.He strongly advocates awareness programmes for general public to promote mediation..“Mediation can best be encouraged by awareness programmes. Highlighting the benefits of mediation to the general Public including the Industries, Public Sector undertaking etc. is the need of the hour. I think the government has to play a very crucial role in creating such awareness.”.Learning best practices.Samadhan understands the need to imbibe the best practices from abroad and apply it to India. Trainers have attended workshops abroad and have improved upon techniques to suit Indian conditions..“There has been a lot of learning about the Mediation practices from abroad but such practices need to be adapted to Indian conditions. A few years ago, thirteen of us had gone to USA to attend a ‘Train the Trainers’ programme. We did learn a lot but we needed to adapt the techniques to our conditions. Resource persons from abroad who have attended our Workshops and have observed Mediations Sessions at Samadhan have admitted that the Mediations conducted here are perhaps the best they have ever seen”, says Batra..Within the legal fraternity.Batra feels that the effort to promote Mediation amongst the legal fraternity has to start from law schools..“Law students must be introduced to this system at the very beginning so that when they join the Bar, then their mind-sets are different. Educational institutions and government must take the initiative to give this movement a push. Some of us have been conducting workshop in a law school in Dehradun. We are doing one credit course every year..There is a need to do something similar in laws schools in Delhi and other parts of the country. I feel that academicians should get involved in this field but not before they undergo training. There must be standardized curriculum for mediation for all law schools.”.Experience at Samadhan.Batra has been part of Samadhan since its inception. He was the Organising .Secretary from 2016 to 2017 and continues to be member of the Overseeing Committee..“I have had a very satisfying experience at Samadhan. One needs to devote a lot of time every day from one’s regular practice. At Samadhan, we have always worked as a team. Apart from the active involvement of Mr. Chandhiok, Mr. JP Sengh, Sadhana Ramachandran and Veena Ralli have all been devoting a lot of time and energy at the Centre. Each one’s contribution has been exemplary. The main objective of all has been to create a healthy and effective forum for justice dispensation.”.Different perspectives.Batra’s sums up his experience with mediation as follows:.“Each matter has been a satisfying experience. Even when parties have not been able to settle, they have gone back satisfied with the process. Understanding human relationships is the most complex thing. I would only say that Mediation has helped me understand the other’s perspective much better.”
Samadhan, the Delhi High Court’s Mediation and Conciliation Centre, was established in 2006 during the tenure of then Chief Justice Markandey Katju..Around 22,000 cases have been referred to Samadhan for mediation till date. Out of these, around 7,300 cases were directly settled through mediation and a further 4900 connected cases were also consequently settled. Thus, more than 12,000 cases have been settled by Samadhan at a rate of more than 60 percent..Bar & Bench spoke to Senior Advocate and Member of the Overseeing Committee of Samadhan, Sudhanshu Batra, who gave a thorough insight into the Centre and its functioning. Below are the excerpts..The Beginning.Batra recounts the initial hiccups in the establishment of Samadhan..“Initially, the lawyers resisted constituting a mediation centre here. They thought it would result in an ‘alarming drop in revenue’. So they were not in favour of it.”.But a solution was soon found..“Justice Katju spoke to the then President of the Bar Association, Mr. AS Chandhiok. He told Justice Katju that if lawyers are allowed to run the Mediation centre, they will not object..Justice Katju liked the idea and consented. He agreed that lawyers could run it but with an overseeing committee comprising judges and lawyers.”.Samadhan started with two small rooms, one reception area and 35 lawyers who were trained as mediators. Says Batra,.“Today we have 13 rooms in the extension block and around 17 new rooms in the administrative block. There are about 265 mediators on the Panel of Samadhan. Besides, there are many applicants who are waiting to be trained..I remember, when we started, Justice Katju had said that even if one out of 10 cases are settled, it will be a great service to the society. Today we have close to 60 percent success rate. I think that is remarkable because the cases which are assigned to us are not run of the mill cases..Many cases are complex involving human relationships, both personal and commercial. Cases such as Matrimonial Disputes, Family disputes, IPR disputes, Property matters, Company matters and various other Commercial disputes are usually referred to Samadhan. So it has been a very successful Centre.”.Who are the mediators?.It is lawyers who act as mediators and there is a robust programme in place to train and nurture mediators. Batra explains the procedure in place for the same..“Samadhan conducts its own training programmes and workshops. We have a ‘basic course’ which runs from Friday to Sunday. It is a residential programme and resource persons from different parts of the country and abroad have been conducting these workshops..Some of us have now become trainers ourselves. Once the advocates attend the basic programme, we give them the status of a co-mediator. A co-mediator sits along with a mediator for a certain number of mediations. Once they complete those mediations, they attend another workshop which is called the ‘advance course’. The advance course is also a residential programme. After they complete the advance course, they are competent to be assigned work as mediators.”.Having lawyers as mediators would mean that a complete change in the outlook towards the case is required. As Batra says “lawyers need to wear a different hat while sitting as a Mediators.”.“They need to develop communication and negotiation skills and exhibit sensitivities while dealing with the parties. Use of appropriate language is extremely crucial to mediation process. As lawyers, they have an adversarial attitude, while as a mediator they need to be completely neutral and develop trust with the parties. These skills are taught during the training programmes and they develop the art of mediation with experience..In fact, after the end of the programme, advocates often feel that the programme also helps them change their own lives for the better.”.Going about a case.Initially, Samadhan used to deal with court-annexed mediation alone. That is, .matters which are referred to the Centre by the court for attempting an amicable settlement. If the court feels that the matter is capable of being resolved and the parties volunteer to participate in Mediation, the matter is referred to Samadhan..Batra explains the process:.“Once, the matter is referred here, it is marked to a mediator on the panel who is familiar with the particular field of law. Then the mediation sessions commence. The mediation process itself is a science in that there is a flexible structure, it is party centric and facilitative in nature. Mediators are not judges. They use their communication and negotiation skills abilities to assist the parties in identifying the real areas of conflict thereby leading them to a path of finding the most acceptable solution to their disputes.”.With the success of court-annexed mediation, Samadhan started the process of pre-litigation Mediation as well. These are matters which are referred by the parties or their counsel for attempting resolution of a dispute before approaching the courts. This process is governed by Part 3 of the Arbitration and conciliation Act, 1996, and is known as Conciliation..“Initially, it was mostly matrimonial matters and family disputes which were referred to Samadhan. Then slowly, commercial disputes and partnerships disputes started to pour in. Now we have IPR disputes like Patent, Trademark and Copyright matters, labour disputes, service matters, banking matters, company matters etc.”.Finances.Samadhan gets a fixed amount every year from the Delhi government. Apart from these funds, Samadhan takes contributions from lawyers and mediators to conduct training programmes. In fact, Samadhan also conducts refresher workshops and interactive sessions with the trained mediators. Batra says,.“We do pay an honorarium to the Mediators. Although the amount is pittance compared to the fess that lawyers charge in Delhi, nevertheless the Mediators spend a lot of time and energy conducting Sessions. Mediation can be effectively done by those who are committed to the cause and are passionate about it.”.Batra also explains another category of cases called ‘non-starters’..“Those are cases in which the parties are not ready to shift from their positions at all. So even if Mediators spend a couple of sessions with them, the proceedings are closed as ‘non-starters’. In such cases Mediators are not paid anything. A few of the Senior Advocates who are trained Mediators don’t even take the honorarium.”.The statute and time.Mediation is not mentioned anywhere except in Section 89 of the Code of Civil .Procedure and Section 30 of the Arbitration and Conciliation Act. Is more statutory wherewithal needed to boost Mediation? Batra thinks so..“Section 89 was tweaked a bit by the Supreme Court in the Afcons Infrastructure judgment. But, I think it still needs to be improved a lot.”.According to Samadhan’s Rules, a time limit of 90 days has been prescribed to dispose of a case..“In certain cases we might not be able to adhere to that. In such cases, we give interim reports to the courts. In the reports, we state as to whether or not the mediator finds elements of settlement. If the court is satisfied, it extends the time by a judicial order..Ordinarily we attempt to close mediation within 90 days. Sometimes parties opt for Mediation to delay the adjudication in courts. The mediators ought to sense that and close mediation if that is so.”.Backlog.With judiciary’s mounting arrears, mediation is often viewed as solution to arrest backlog. But Batra has a different take:.“Mediation should not be promoted because we want to reduce backlog. Mediation addresses relationship issues between the parties, helps them resolve conflicts. If that results in settlements which helps reduce burden on courts, then that is fantastic..But one should not propagate mediation as an alternative to the adjudicatory system, to reduce pendency. In fact Mediation is complimentary to the adjudicatory system of dispensation of justice. So if people get an impression that this system is good because courts are heavily burdened, then I must clarify that it is not the position. What the courts cannot address due to limitations in law, Mediation can attempt to do so.”.Promoting mediation.Mediation is doing well in certain cities but not so much in other places..“It is doing well in Bangalore, Chennai and Chandigarh. Unfortunately, it did not take off in Mumbai, Gujarat etc., says Batra..He is of the opinion that mediation centres tend to do well when there is a healthy collaboration between the Bench and the Bar..“The Judges of the Delhi High Court encourage mediation. We have had excellent judges in the Overseeing Committee. The Chairmen have been Justice Manmohan Sarin, Justice Mukul Mudgal, Justice SK Kaul, Justice Gita Mittal and now Justice GS Sistani. All of them have been very passionate about mediation. Until Judges give an impetus to the mediation process, Mediation Centres cannot be successful. Delhi High Court Mediation and Conciliation Centre can proudly claim to be one of the best centres due to an effective collaboration between the Bench and the Bar.”.He strongly advocates awareness programmes for general public to promote mediation..“Mediation can best be encouraged by awareness programmes. Highlighting the benefits of mediation to the general Public including the Industries, Public Sector undertaking etc. is the need of the hour. I think the government has to play a very crucial role in creating such awareness.”.Learning best practices.Samadhan understands the need to imbibe the best practices from abroad and apply it to India. Trainers have attended workshops abroad and have improved upon techniques to suit Indian conditions..“There has been a lot of learning about the Mediation practices from abroad but such practices need to be adapted to Indian conditions. A few years ago, thirteen of us had gone to USA to attend a ‘Train the Trainers’ programme. We did learn a lot but we needed to adapt the techniques to our conditions. Resource persons from abroad who have attended our Workshops and have observed Mediations Sessions at Samadhan have admitted that the Mediations conducted here are perhaps the best they have ever seen”, says Batra..Within the legal fraternity.Batra feels that the effort to promote Mediation amongst the legal fraternity has to start from law schools..“Law students must be introduced to this system at the very beginning so that when they join the Bar, then their mind-sets are different. Educational institutions and government must take the initiative to give this movement a push. Some of us have been conducting workshop in a law school in Dehradun. We are doing one credit course every year..There is a need to do something similar in laws schools in Delhi and other parts of the country. I feel that academicians should get involved in this field but not before they undergo training. There must be standardized curriculum for mediation for all law schools.”.Experience at Samadhan.Batra has been part of Samadhan since its inception. He was the Organising .Secretary from 2016 to 2017 and continues to be member of the Overseeing Committee..“I have had a very satisfying experience at Samadhan. One needs to devote a lot of time every day from one’s regular practice. At Samadhan, we have always worked as a team. Apart from the active involvement of Mr. Chandhiok, Mr. JP Sengh, Sadhana Ramachandran and Veena Ralli have all been devoting a lot of time and energy at the Centre. Each one’s contribution has been exemplary. The main objective of all has been to create a healthy and effective forum for justice dispensation.”.Different perspectives.Batra’s sums up his experience with mediation as follows:.“Each matter has been a satisfying experience. Even when parties have not been able to settle, they have gone back satisfied with the process. Understanding human relationships is the most complex thing. I would only say that Mediation has helped me understand the other’s perspective much better.”
