Ganderbal: Department of Law, School of Legal Studies (SLS), Central University of Kashmir (CUK) Tuesday organised an international webinar ”Arbitration, Mediation, Negotiation and Conciliation: Opportunities and Challenges” at Tulmulla Campus here.
Welcoming the guests, Prof. Farooq Ahmad Mir, Dean, SLS highlighted the status of pendency cases before courts in the country by referring to data and advocated the importance of alternative dispute resolution process. He suggested that out of box solutions have to be thought for resolving pending cases.
Prof. Viney Kapoor, Vice Chancellor, Dr. B.R Ambedkar National Law University, Haryana pointed out that in Indian traditional society there has been a practice of dialogue to resolve disputes among people. She added that what can be achieved in a peaceful manner cannot be achieved by fighting. She stressed on the importance of conciliation and mediation in family and property disputes and stressed that one should go for the solutions instead of dragging matters for years in civil courts.
Prof. Mehraj ud Din Mir, Vice Chancellor, in his presidential remarks focused on the importance of ”Arbitration, Mediation, Negotiation and Conciliation, in resolution of disputes.” He pointed out that delay in delivery of justice ultimately amounts to denial of justice. He said that “various criminal syndicates have emerged in the metro cities that have emerged as off shoots of delays and backlogs as people consider these syndicates as means of speedy justice.”
Justice Kannan Krishnanmoorthy (Retd.) Judge, Punjab and Haryana High Court gave the overall figures under ADR and highlighted the need to improve the conventional tools and develop new ways to settle disputes. He highlighted the challenges faced by the awards of arbitral tribunals and said that there is a need to train the lawyers in negotiation so that there is negotiation before litigation.
Chief Guest, Justice Kurian Josep (Retd.) Judge, Supreme Court discussed the process of arbitration and said that arbitration is slightly expensive and time consuming. “To make it cost effective we have to go for sole arbitration rather than multiple number of arbitrators.” Highlighting the role of mediator, he pointed out that a mediator needs to be involved and meditation needs to be evaluated and should serve the real purpose. He added that ADR lessens the burden of parties and protect their self-respect in terms of anybody not being subject to defeat but reaching to solution amicably.
In his address Engg. Dr. Jamal Chaykhouni CEO, AlMarsat UAE suggested some innovative methods of mediation which he called as hybrid meditation.
The webinar was attended by faculty members and students. The department coordinator, Ms. Gulafroz Jan, conducted the proceedings during the inaugural session while as Dr Yasir Latief Handoo, Asst Prof moderated the valedictory session.