J&K Judicial Academy holds workshop on arbitration, mediation in Srinagar

Srinagar, August 22: The Jammu & Kashmir Judicial Academy organised a one-day workshop on the Arbitration and Conciliation Act, 1996, and mediation, with special reference to the Mediation Act, 2023, at the J&K Judicial Academy, Mominabad, Srinagar.

The workshop was held under the patronage of the Acting Chief Justice of the High Court of Jammu & Kashmir and Ladakh and the guidance of Justice Rajnesh Oswal, Judge, High Court of J&K and Ladakh and Chairman, Governing Committee, J&K Judicial Academy.

The inaugural address was delivered by Justice Moksha Khajuria Kazmi, Judge, High Court of J&K and Ladakh and Member, Governing Committee, J&K Judicial Academy.

Justice Kazmi said that while adjudication remained 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 individual disputes.

She observed that mediation enables parties to participate in shaping solutions, thereby fostering ownership and commitment to settlements. She stressed that the success of mediation should be measured not merely by disposal of cases but by the ability of settlements to endure.

Justice Kazmi also underscored the need for trained mediators, appropriate judicial referrals and institutional support, observing that adjudication, arbitration and mediation are complementary instruments 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 emphasised that arbitration is a legally recognised mechanism distinct from, yet closely connected with, the judicial system, requiring a balance between party autonomy and minimal judicial intervention.

He said 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.

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.”

Parihar provided practical insights into mediation as an alternative dispute-resolution mechanism and emphasised the role of judicial officers in identifying suitable cases for mediation. He said courts should understand the facts and nature of a dispute and assess whether an element of settlement could appropriately be explored through mediation before making a referral.

He also explained the procedural framework governing mediation, including referral to District Mediation Centres, the role of mediators and procedures applicable to successful and unsuccessful mediations.

Highlighting the importance of considering ADR at the appropriate stage of proceedings, Parihar discussed the objectives of Section 89 of the Code of Civil Procedure, including providing effective relief to litigants, reducing pendency and easing the burden on courts.

He also explained the five ADR mechanisms—arbitration, conciliation, Lok Adalat, judicial settlement and mediation—and their appropriate application depending on the nature of the dispute.

Earlier, Director, J&K Judicial Academy, Naseer Ahmad Dar highlighted the growing importance of Alternative Dispute Resolution in the present judicial scenario.

He said ADR should not be viewed merely as a means of reducing pendency but as an effective mechanism for providing parties with timely, consensual and meaningful resolution of disputes.

Dar 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 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 participating judicial officers with 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.