Mediation essential to humane justice delivery: Justice Longkumer

Kohima, October 24 (MExN): The Nagaland State Legal Services Authority (NSLSA), under the aegis of the Mediation and Conciliation Project Committee (MCPC), Supreme Court of India, conducted a mediation training programme for referral judges at Hotel Japfü, Kohima, on October 24.Addressing the inaugural session, Justice Yarenjungla Longkumer, Judge of the Gauhati High Court, said mediation should be viewed “not merely as an alternative to litigation but as an essential component of a modern, responsive and humane justice delivery system.” She underscored the pivotal role of judges in referring suitable cases for mediation, according to a PRA NSLSA press release.The Justice said the success of mediation depended not only on the skills of mediators but also on the “wisdom, sensitivity and commitment” of referral judges. Referring a case to mediation, she added, is not merely a procedural step to reduce pendency but a judicial decision that can open the way for a more constructive resolution.She identified family and matrimonial disputes, neighbourhood disagreements, commercial and contractual disputes, partnership conflicts, landlord-tenant matters and motor accident claims as cases that can benefit from mediation, depending on their circumstances. However, she cautioned that “judges must exercise sound discretion while screening cases, particularly where there were serious power imbalances, coercion, domestic violence or circumstances that undermined voluntary consent.” The objective, she stressed, should not be to secure settlements at any cost but to ensure fair, informed and voluntary participation. The judge also highlighted the importance of timely referrals, noting that early intervention could prevent disputes from escalating. “Judges,” she said, “must explain mediation as a credible avenue for resolution rather than presenting it as a lesser form of justice or an additional procedural formality.”On access to justice, Longkumer said mediation, where appropriate, can reduce the financial burden, delays and emotional strain of prolonged litigation while allowing courts to devote more time to complex cases requiring authoritative adjudication. She emphasised that mediation must strengthen access to justice without compromising the rights, dignity or legitimate interests of the parties. Encouraging settlement, she said, should never become pressure to settle, and any resolution must remain consistent with fairness and the law.Longkumer said mediation and adjudication should be viewed as complementary means of achieving justice, adding that judicial wisdom lay not only in delivering reasoned judgments but also in recognising when disputes can be resolved more effectively through peaceful negotiation.NSLSA Member Secretary Neiko Akami said the legal services authority has conducted mediation drives, special lok adalats and three National lok adalats this year, settling over 1,000 cases in the state.The inaugural session was chaired by Mezivolu T Therieh, Principal District and Sessions Judge and Chairperson of the District Legal Services Authority, Kohima.Former Delhi High Court Judge Justice Dharmesh Sharma and retired Delhi judicial officer Arun Kumar Arya served as resource persons. MCPC senior trainers covered the relevance of Alternative Dispute Resolution (ADR), the concept and advantages of mediation, its comparison with judicial proceedings, arbitration and Lok Adalat, and the role of mediators. Sessions also focused on the role of referral judges, stages and procedures of referral, consent, suitable cases for mediation, avoiding trial delays, and preparing lawyers and parties for mediation.A total of 26 referral judges from across the state participated in the programme.