Nagpur News : An informative & beneficial talk on “WIN WIN SITUATION” by Kishore Jaiswal, Senior Civil Judge, trained judge mediator, In charge of District Mediation Centre and Lok Adalat Activities and Secretary, District Legal Services Authority, Nagpur was held at VIA.
Initiating his talk, Kishore Jaiswal said Mediation, a magic, which not only facilitates amicable Settlement of Disputes finally, but also facilitates in maintaining relationship between parties, which gives peace of mind and ultimately atmosphere. No Revision, no Appeal. Both parties to dispute are in WIN-WIN SITUATION. One can solve the disputes without approaching the Court, like Matrimonial disputes, contractual disputes, labour dispute or any other dispute can also be resolved by amicable settlement at pre-litigative stage in the mediation clinic.
Photo: from Left to Right: Smita Dabholkar, Girish Deodhar, Prafull Doshi, Kishore Jaiswal, Ashit Sinha & Rohit Agrawal.
The speaker said Mediation Centre is like OPD of a hospital. Mediation is a professionally and scientifically managed negotiation process. It involves a structured negotiation where the mediator listens to the parties, ascertain the facts and circumstances as also the nature of the grievances, conflict or dispute, encourages the parties to open up to identify the causes therefore, creates a conducive atmosphere to enable the parties to explore various alternatives and ultimately facilitates the parties to find a solution or reach a settlement.
He added, Mediation is an adjudicatory dispute resolution by means of litigation invariably leads to bitterness, invariably leads to bitterness, hospitality and enmity between the parties to the lis, as the losing parting will continue to nurture grievances against the successful party. The advantage of a negotiated settlement is that at the end of the day there are no winners or losers and the result is acceptable to all. The process is simple, flexible and confidential. It enables settlement of disputes which are not the subject matter of the legal proceedings. This enables settlement of several connected matters also.
Kishore Jaiswal said the object of mediation is to offer to the litigant public, a speedy and satisfactory alternative dispute resolution process in certain types of civil cases. Mediation is excellent for the world of commerce. Its advantages are keenly perceived and appreciated by people in business for whom cost, time and relationship are of almost biblical importance. Its flexibility means that it can be used at different stages:- the initial formation of a contract, when differences begin, when the dispute is full blown, pre-litigation, during litigation, during appeal, and even after litigation. He also explained the process of Mediation i.e. M-Modification of demands and acceptance, E-Entitlement of each and every individual, D-Differences between the parties are worked out, I- Issues are resolved amicably, A-Avoids long drawn legal process, T-Terminates all legal proceedings, I- Inordinate delay is avoided, O-Out reach legal hassle, N-Non controversial and non prejudicial process.
Summing up his talk, Jaiswal said Mediation is therefore a very democratic method of dispute resolution where long standing relationships can be preserved. Mediation could also be done through video conferencing. It is not necessary every mediation is successful. But it creates a hope and seed between the disputing parties which later on converted into compromise. It also takes up matter at pre-litigative stage.
The programme was largely attended by students, Industrialists, Young Entrepreneurs’, members of VIA and advocates and prominent personality Advocate J. J. Agrawal.
At the outset, the speaker was welcomed by Prafull Doshi, President –VIA, Opening remarks was given by Girish Deodhar, Chairman, HRD Forum. Introduction of the speaker was given by Smita Dabholkar, faculty IMT Nagpur and Convener HRD Forum. Summing up and vote of thanks was given by Ashit Sinha, Advisor- VIA HRD Forum. Rohit Agrawal, Hon. Secretary -VIA offered Memento to Kishore Jaiswal. The programme was conducted by Girish Deodhar, Chairman-HRD Forum. Prominent VIA members who were present were Akash Agrawal, Treasurer, VIA and other members of VIA.
Photo: from Left to Right: Smita Dabholkar, Girish Deodhar, Prafull Doshi, Kishore Jaiswal, Ashit Sinha & Rohit Agrawal.
