The Jammu and Kashmir Judicial Academy organised a one-day workshop in Srinagar on Saturday to strengthen understanding of arbitration and mediation among judicial officers.
The workshop was held at the J&K Judicial Academy in Mominabad under the patronage of the Acting Chief Justice of the High Court of Jammu & Kashmir and Ladakh and the guidance of Justice Rajnesh Oswal, Chairman of the Governing Committee of the Academy.
The programme focused on the Arbitration and Conciliation Act, 1996, and the role of judges in referring cases for mediation, with particular attention to the Mediation Act, 2023.
Justice Moksha Khajuria Kazmi, Judge of the High Court of J&K and Ladakh and a member of the Academy’s Governing Committee, delivered the inaugural address. She said that while adjudication remains an important part of the justice system, arbitration, conciliation and mediation can provide suitable alternatives depending on the nature of a dispute.
She stressed that mediation allows disputing parties to actively participate in finding a solution, which can create a stronger sense of ownership and commitment towards a settlement. She also underlined the importance of trained mediators, appropriate judicial referrals and institutional support.
The first technical session was conducted by Justice Rashid Ali Dar, former Judge of the High Court of J&K and Ladakh. His session examined the basic principles of arbitration, the role of courts and the relationship between arbitration proceedings and the judicial system.
The discussion covered important provisions of the Arbitration and Conciliation Act, including arbitration agreements, referral of disputes, appointment and jurisdiction of arbitral tribunals and interim measures. Justice Dar emphasised that courts should support the arbitration process while ensuring fairness, legality and natural justice.
Former District and Sessions Judge Mohan Singh Parihar conducted sessions on the role of judges in referring cases to mediation and on the recording and enforcement of mediated settlements. He explained how judicial officers can identify cases where settlement may be possible and make appropriate referrals.
The sessions also discussed District Mediation Centres, the role of mediators and the different outcomes of mediation. The importance of considering alternative dispute resolution at the right stage of a case was highlighted.
Director of the J&K Judicial Academy, Naseer Ahmad Dar, said ADR should not be seen merely as a tool to reduce court pendency. He described it as an important means of providing litigants with timely, consensual and meaningful resolution of disputes.
The workshop provided judicial officers with practical insights into arbitration and mediation and highlighted their growing role in making justice delivery more accessible, effective and responsive.
Reader Comments 0