Recently, I had the opportunity of interning at the Bangalore Mediation Centre, an initiative undertaken by the High Court of Karnataka, which aims at facilitating mediation as an Alternative Dispute Resolution (ADR) mechanism to resolve disputes outside the premises of a Court.
Mediation, unlike Court cases, does not foray much into the legal technicalities of a case that is generally difficult for the common person to comprehend. It is a voluntary process in which the parties in dispute can informally discuss and negotiate a matter, before approaching the Court directly, in simple terms, in the presence of a mediator.
A mediator is, generally, a lawyer appointed by the Courts with more than ten to fifteen years of experience and practice in the field of law. The role of a mediator is to be neutral while attempting to resolve the dispute between both the parties without favoring one party over the other. He or she must only act as a precipitating factor while enabling the parties to come to a conclusion out of their own free will. The parties in question have the freedom to discuss and decide what they want for themselves instead of going through the mechanical and often, complex procedures of the Court. Thus, mediation ends up saving a lot of time, energy and money.
There are two kinds of sessions which take place in mediation - Private and Joint sessions respectively. Private sessions provide an opportunity for the parties to have one-on-one discussions with the mediator. It gives them a chance to reveal their side of the problem and put forth any demands that they might be hesitant or unwilling to voice out, otherwise, in the presence of the other party. Joint sessions allow both the parties to put forth their suggestions and discuss freely the terms under which they are willing to negotiate their conditions with the other party, in the presence of the mediator.
Another, undeniably, important aspect of mediation is that it is completely confidential; Discussions during mediation sessions cannot be used as evidence against the other party in Court. Also, the mediator does not play the role of a judge and, most definitely, cannot be called as a witness to confirm or deny the allegations made against either of the parties in Court.
Over the course of these two weeks, I witnessed that very few cases that were brought in for mediation had been partition suits; A large majority of them were matrimonial matters which primarily dealt with issues regarding the maintenance or alimony to be paid to a woman after the termination of one's marriage, custody and visitation rights of the child and matters concerning the well being of children of divorce. The concerned petitions had been filed under sections 9, 13 and 13 (b) of the Hindu Marriage Act, 1955 accordingly.
Apart from being able to familiarize me with the procedural aspects of mediation, this internship proved to be an eye-opening experience in many ways. I discovered that in most of the mediation proceedings, the parties had reached a point of conflict in their lives not only because there was lack of proper communication and compatibility between the concerned individuals but also because they had unrealistic expectations from the institution of marriage and many of them were hence, advised to go for marriage counselling.
It was observed that since marriage is considered to be a sacred institution in most parts of our country, there existed a certain section of women and men, both, who had been quite apprehensive and hesitant to break free from the shackles of their irretrievably, broken down marriages, owing to societal pressures and traditional norms which continue to govern a major part of their lives.
However, it was noted that with factors like education and financial independence asserting their importance in most urban households of the country, women are increasingly becoming self-sufficient with strong, independent identities of their own and are determined to fight for their rights amidst age-old regressive notions which exist in society. It was also evident that many women were, gradually, but certainly, dismissing toxic ideas surrounding patriarchy and gender norms which have existed for an incredibly long period of time. Their sheer refusal to accept the same by deciding to end their stifling marriages reflected an attitudinal shift in the ideas and values revolving around the institution of marriage in India which, alone, has gone through some significant changes in recent times.
My overall experience interning at the Bangalore Mediation Centre proved to be very enriching and fruitful. Certainly, the Bangalore Mediation Centre happens to be one of the best places to resolve disputes in quick time and without any legal hassles. This internship has not only reinforced in me the values of patience, perseverance, sensitivity, tolerance and, of course, respect, for another individual's point of view but, more importantly, it has also taught me the value of being open to experience while dealing with any situation in life.
References:
https://highcourtchd.gov.in/hclscc/subpages/pdf_files/4.pdf
