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Mediation essential component of justice delivery system: HC judge

Dimapur, Oct 26 (UNI) Gauhati High Court judge Justice Yarenjungla Longkumer on Monday 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.
Speaking at a training programme on mediation for referral judges in Kohima, Longkumer highlighted the pivotal role of judges in referring suitable cases for mediation.
The Nagaland State Legal Services Authority (NSLSA), under the aegis of the Mediation and Conciliation Project Committee (MCPC), Supreme Court of India, conducted the training programme, an official report said.
Longkumer emphasised that the success of mediation depended not only on the skills of mediators but also on the wisdom, sensitivity and commitment of referral judges.
She added that referring a case to mediation is not merely a procedural step to reduce pendency, but a judicial decision that can open the way for a more constructive resolution.
Longkumer cited 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, the speaker stressed, should not be to secure settlements at any cost but to ensure
fair, informed and voluntary participation.
Longkumer also highlighted the importance of timely referrals, noting that early intervention could help 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 associated with prolonged litigation while allowing courts to devote more time to complex cases requiring authoritative adjudication.
A total of 26 referral judges from across the state participated in the training programme.

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