SRINAGAR, AUGUST 22: The Jammu & Kashmir Judicial Academy, under the patronage of Acting Chief Justice, High Court of Jammu & Kashmir and Ladakh, and the guidance of Justice Rajnesh Oswal, Judge, High Court of Jammu & Kashmir and Ladakh and Chairman, Governing Committee, the J&K Judicial Academy, today a one day workshop on “Arbitration & Conciliation Act, 1996; Mediation: Role of Judges in referral with special reference to The Mediation Act, 2023” at the J&K Judicial Academy, Mominabad, Srinagar.
The workshop commenced with the inaugural address by Justice Moksha Khajuria Kazmi, Judge, High Court of J&K and Ladakh and Member, Governing Committee, J&K Judicial Academy.
In her address, Justice Kazmi emphasized that while adjudication remains central to the rule of law, arbitration, conciliation and mediation should be viewed as appropriate dispute resolution mechanisms suited to the nature and circumstances of each dispute. She observed that mediation enables parties to participate in shaping a resolution, fostering ownership and commitment to settlement.
She stressed that its success should be measured not merely by disposal but by the ability of settlements to endure and underscored the need for trained mediators, appropriate judicial referrals and institutional support. She emphasized that adjudication, arbitration and mediation are complementary instruments of justice aimed at making the justice delivery system more accessible, humane, responsive and effective.
The first technical session was conducted by Justice Rashid Ali Dar, Former Judge, High Court of J&K and Ladakh, on “Arbitration: Basic Principles, Court’s Role and Interface with Judicial Proceedings.” He emphasized that arbitration is a legally recognized mechanism distinct from, yet closely connected with the judicial system requiring a balance between party autonomy and minimal judicial intervention.
He stressed that courts should facilitate rather than obstruct arbitration while ensuring fairness, legality and natural justice. The session covered key provisions of the Arbitration and Conciliation Act, 1996, including arbitration agreements, referral to arbitration, appointment and jurisdiction of arbitral tribunals, interim measures and the complementary roles of courts and tribunals.
Thereafter, Mohan Singh Parihar, Former District and Sessions Judge, conducted sessions on “Mediation – Role of Judges in Referral and Facilitation of Settlement” and “Mediated Settlements – Recording, Enforcement, Challenges and Implementation.” He provided practical insights into mediation as an important ADR mechanism and emphasised the role of judicial officers in identifying suitable cases for mediation. He stressed that before making a referral, the court should understand the facts and nature of the dispute and assess whether there is an element of settlement that can appropriately be explored through mediation.
He also explained the procedural framework governing mediation, including referral to District Mediation Centres, the role of mediators and the procedure to be followed in successful and unsuccessful mediations. He highlighted the importance of considering ADR at the appropriate stage of proceedings and discussed the objectives of Section 89 CPC, including providing effective relief to litigants, reducing pendency and easing the burden on courts. He explained the five ADR mechanisms—arbitration, conciliation, LokAdalat, judicial settlement and mediation—and their appropriate application depending upon the nature of the dispute.
Earlier, Director J&K Judicial Academy, Naseer Ahmad Dar highlighted the growing importance of Alternative Dispute Resolution (ADR) in the present judicial scenario. He emphasized that ADR should not be viewed merely as a means of reducing pendency but as an effective means of providing parties with timely, consensual and meaningful resolution of disputes. He stressed the importance of judicial officers identifying suitable cases for mediation and making appropriate referrals, while exercising judicial discretion in accordance with the nature of the dispute, applicable law and the interests of justice. He also highlighted the significance of the Mediation Act, 2023 and the need for a balanced and practical approach towards adjudication and settlement.
The workshop provided the participating judicial officers with valuable practical and legal insights into arbitration and mediation, particularly the role of courts in identifying suitable cases for ADR, making appropriate referrals, facilitating settlements and ensuring effective implementation of dispute-resolution mechanisms.
