MEDIATION PERFORMANCE IN THE STATE OF

UTTAR PRADESH

          In the light of the mandate of Section 89 of the Civil Procedure Code, 1908 and under the guidance and consistent monitoring of the Supreme Court Mediation & Conciliation Project Committee (MCPC), the State of Uttar Pradesh has been making significant progress in popularizing the process of mediation as an effective, easy, inexpensive and congenially quick mode of settlement of disputes. In this process, the lead was taken by the Hon’ble Allahabad High Court in that the Allahabad High Court mediation and Conciliation Centre (AHCMCC) was inaugurated by Hon’ble Mr. Justice Markenday Katju, Judge Supreme Court of India on 6^th October, 2006. The AHCMCC became functional from 16^th October, 2006.

The Beginning:

          The mediation movement at the level of the districts saw its beginning on 1^st February, 2009 where under the direction & supervision of the MCPC, mediation centres become operational in 11 of the largest districts of the State. To give the requisite momentum to the mediation process in those 11 districts of Aligarh, Meerut, Moradabad, Kanpur Nagar, Gorakhpur, Varanasi, Allahabad, Jhansi, Bareilly, Agra & Lucknow, a two days Mediation Training & Awareness Programme for Judicial Officers and Advocates was organized at the Institute of Judicial Training & Research, Lucknow on 7^th & 8^th March, 2009. In this Awareness Programme 37 Judicial Officers as referral judges and 33 Advocates were imparted training from the 11 districts, where the Mediation Centre had become functional on 1^st February, 2009. In a continuation of the process, based on the resolution as resolved in the 9^th All India Meet of the State Legal Services Authority, held at Chandigarh on 13^th and 14^th March, 2010, all the districts of the State i.e. 71 (as was then the number of Districts/Sessions Division) were directed to establish Mediation Centres. The said direction has been duly complied with and Mediation Centres have been established/made functional in all the districts of the State.

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Uttar Pradesh Civil Procedure Mediation Rule, 2009,

          Mindful of the great promise that mediation holds as a non-adjudicatory dispute resolution process and the advantage that it has over the adjudicatory forums such as courts and tribunals, the Hon’ble Allahabad High Court, has framed the ‘Uttar Pradesh Civil Procedure Mediation Rule, 2009’ (hereinafter Mediation Rules) which has come into force from 13.08.2009. The Mediation Rules, apply to all court annexed mediation with regard to any suit or other proceeding filed/pending in any Court subordinate to the High Court of Judicature at Allahabad. The rules laid down, covers all aspects related to appointment/approval of Panel of Mediators; qualifications and disqualifications of persons to be empanelled as mediators; venue for conducting mediation; duty of the mediators; appointment or removal from panel; procedure of mediation; role of mediators; communication between mediator and the court; settlement agreement; fee of the mediator and costs; ethics to be followed by mediator etc.

Advocate Mediators:

          Through experience, it has come to be realized that Trained Advocate Mediators are one of the most important factors in the success of this initiative. The first batch of Advocates from the districts of Allahabad & Lucknow were imparted training in February, 2010 by the Master Trainers from the Delhi Mediation Centre. The process continues. Till date Advocates with a minimum of 15 years experience of practice at the Bar from 36 districts have been given essential training to well equip them with the art and methodology of Mediation. The training is provided by the Master Trainers nominated and deputed by the MCPC. The U.P. State Legal Services Authority, in the fact situation of having the responsibility of managing the affairs of the State of Uttar Pradesh which with 75 revenue with largest administrative division, has been making all out efforts to ensure, that at least a batch comprising 10 Advocates from each district is provided with the essential 40 hours mediation training at the earliest. Fairly good number of lady Advocates who have been included in the panel, are actively contributing in the mediation process.

          Presently, the High Court of Judicature at Allahabad has 208 such Advocate mediators who have undergone 40 hours mediation training. From out of those 208 Advocate Mediators 166 Advocate Mediators are in the High Court at Allahabad & 42 in the Lucknow Bench. 336 Legal Professionals of various district judgeships have been given 40 hours mediation training with the support of the MCPC and 107 Advocate have been provided 40 hours essential Mediation training through internal mechanism i.e. by the Master Trainers from the Allahabad High Court Mediation and Conciliation Centre.

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          Over and above the UPSLSA had organized 8 courses/ awareness programmes were organized to sensitize the referral judges taking services of the Master Trainers from Delhi and Chennai Mediation Centres. What's more such similar programmes were also conducted through out the State taking services of the Master Trainers from the Allahabad High Court Mediation & Conciliation Centre.

          Furthermore in all foundation and refresher training programmes of the Additional District & Sessions Judges, Civil Judges (Senior Division) & Civil Judges (Junior Division ) conducted by the Institute of Judicial Training & Research, Uttar Pradesh, Lucknow special session on ADR Mechanism together with Mediation are being held regularly and the Master Trainers, faculty members of the Institute and the officers in particular the Member Secretary, U.P. State Legal Services Authority, Lucknow address the trainee judicial officers with a view tom carry them through the legislative mandate in section 89 of the Code of Civil Procedure as interpreted by the apex Court in Afcon Infrastructures Ltd. [2010{8}SCC 24] and sensitize them for more and more referrals  for Mediation in appropriate cases. The sensitization programmes have started presenting encouraging outcome and the stake holders, it appears, have settled to accept Mediation in correct acuity.

Activities during the year (January, 2012 to 30^th September, 2012)

          The U.P. State Legal Services Authority motivated by the guiding directions of Hon’ble Mr. Justice Dalveer Bhandari, Judge, Supreme Court of India, organized the Central Zone Regional Conference on 25^th February, 2012 at Lucknow. The Regional Conference for the Central Zone States of Chhatisgarh, Madhya Pradesh and Uttar Pradesh was inaugurated by His Excellency, Shri B.L. Joshi, Governor of Uttar Pradesh and was presided over by Hon’ble Mr. Justice Dalveer Bhandari, Judge, Supreme Court of India and Hon’ble Mr. Justice Swatantar Kumar, Judge, Supreme Court of India. The Central Zone Regional Conference was attended by Hon’ble the Patron-in-Chiefs and Hon’ble the Executive Chairmen of the participating State SLSAs. All the District Judges with the Coordinators of the District Mediation Centres & Secretaries of DLSAs of 71 districts judgeships in the State had participated in the conference. Large number of judicial officers from the States of Chhattisgarh and Madhya Pradesh were also present in the Conference.

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Type of Cases Referred for Mediation:

Matters pertaining to petty criminal compoundable cases, as also Criminal Cases pertaining to Section 498A IPC and matters pertaining to Domestic Violence, Connubial disputes, Maintenance under the personal law as well under section 125 of the Code of Criminal Procedure, Civil Cases, Cases involving dishonour of Cheque falling under Section 138 of the Negotiable Instruments Act etc. are referred to the Court annexed Mediation Centres in the district judgeships. Pre-Litigation matrimonial disputes especially pertaining to Section 498A IPC which basically involve emotional grievance have got a new facet chiefly after a landmark judgment of the High Court of Judicature at Allahabad, which was passed on 30.09.2011 in Criminal Misc. Writ Petition No.3322 of 2010.

District ADR Centres

The UPSLSA has been making all out efforts to ensure that the ADR Centres, which are going to function as hub of all ADR activities in the district, along with legal services activities come into physical existence in all the districts of the State so soon as possible. Utilizing the funds having been allocated by the 13^th Finance Commission through the State Government, ADR Centres, in first phase, in 15 districts in the State of Uttar Pradesh are under construction. Further fiscal allocation for construction of ADR Centres in 15 more districts, in second phase, have been recently made by the State Government of Uttar Pradesh and construction work is likely to begin in those 15 districts.

Performance of the Mediation Centres in Uttar Pradesh.

The Mediation Centres in the State of Uttar Pradesh  at the institutional level can be said to be working at following three distinct levels:

1.     Allahabad High Court Mediation Centre (AHCMCC);

2.     The Mediation and Conciliation Centre, Allahabad High Court, Lucknow (MCCAHL), and

3.     The Mediation Centres functional in 71 districts in the State.

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Allahabad High Court Mediation & Conciliation Centre:

The Allahabad High Court Mediation and Conciliation Centre (AHCMCC) has been structured by the High Court of Judicature at Allahabad to promote and facilitate Court referred mediation and conciliation. Hon’ble the Chief Justice is its Patron and a supervisory committee comprising Hon’ble Mr. Justice Sunil Ambwani, Hon’ble Mr. Justice Ashok Bhushan, Hon’ble Mr. Justice Vineet Saran, Hon’ble Mr. Justice S.U. Khan, Hon’ble Mr. Justice Dilip Gupta, Hon’ble Mr. Justice Vikram Nath, Hon’ble Mr. Justice Vinod Prasad & Hon’ble Mr. Justice Shashi Kant Gupta, oversees the working of the AHCMCC. The AHCMCC interalia actively indulges in creating public awareness, identification and training of mediators to mediate the cases referred by the Court, implementation of scheme for the conduct of mediation and conciliation as envisaged by Section 89 of the Code of Civil Procedure, holding workshops and seminars for the Bar and Bench to promote mediation and conciliation as approved methods of dispute resolution. Epigrammatic statistics as below might speak about the performance of the AHCMCC:

The Mediation and Conciliation Centre, Allahabad High Court, Lucknow (MCCAHL)

 MCCAHL has been formed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow to promote and facilitate Court referred mediation and conciliation. Hon’ble the Chief Justice is its Patron and a supervisory committee comprising Hon’ble Mr. Justice Devi Prasad Singh, Hon’ble Mr. Justice Shri Narayan Shukla, Hon’ble Mr. Justice Shabihul Hasnain, Hon’ble Mr. Justice Anil Kumar, & Hon’ble Mr. Justice Ritu Raj Awasthi, oversees the working of the MCCAHL. The MCCAHL also interalia actively indulges in creating public awareness, identification and training of mediators to mediate the cases referred by the Court, implementation of scheme for the conduct of mediation and conciliation as envisaged by Section 89 of the Code of Civil Procedure, holding workshops and seminars for the Bar and Bench to promote mediation and conciliation as approved methods of dispute resolution. Pithy facts as below might articulate the achievement of the MCCAHL:

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District Court Mediation Centres

To carry out the legislative mandate in Section 89 of the Code of Civil Procedure all the District Legal Services Authorities in the State of Uttar Pradesh were requested to establish Mediation and Conciliation Centre. Basic guidelines for Mediation Centres have also been communicated to all the District & Sessions Judges for smooth and convivial functioning of the Centres. Short and snappy facts as below might put across the achievement of the District Mediation Centres in various session divisions which are in their formative years:

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