Introduction:
Alternative Disputes Resolution, commonly known as ‘ADR’ is a method of settling disputes arising between the parties without opting for litigation. Arbitration, Mediation, Conciliation, Negotiation, Lok Adalat are the mechanisms of Alternative Disputes Resolution. The concept of Community Mediation is closely connected with Mediation. Mediation is a process wherein a third party called the mediator is appointed voluntarily in resolving the disputes. Rule 4 of Arbitration and Mediation Rules, 2003 explains the meaning of the term ‘mediation’. Community Mediation is intrinsically related to Mediation.
Mediation
Mediation is one of the most commonly used mechanisms of alternative dispute resolution.
From being cost-effective, flexible, and confidential to time-saving, there are numerous benefits of mediation. The mediators are trained so that they excel in their role of resolving disputes between individuals coming from different backgrounds. The Community mediation center mediators include staff members and community volunteers. These volunteers are provided training for a committed number of hours so that they can aid in promoting peace in the communities. The origin of mediation in India is enshrined since the Vedic age. Mediation was observed to be at its developing stage since the formation of Panchayats in villages. The decisions taken by the Panchayat were similar in nature to mediation as in both cases the members of panchayat met the disputants privately and individually. The elders helped in resolving the disputes amicably keeping into mind the opinions of both parties. With the emergence of Mediation as a mechanism of ADR, the role of village mediators were shifted to trained mediators.
Community Mediation Center
Community mediation proposes constructive processes to the disputants for resolving their conflicts and reaching a common solution. The dispute to the Community Mediation Centers can be referred to either by the individuals, groups, or even organizations. In the process, the participants are stimulated to offer solutions to their queries as well as create their own alternatives to avoid the long-drawn-out litigation proceedings.
The mediator in the community mediation provides the disputants an opportunity to settle their disputes amicably by extensively discussing the issue as well as keeping in mind the needs of the parties. Community mediators support participants through difficult conversations, providing a safe environment to discuss the participants’ needs while participants retain decision-making authority. In the United States of America, the concept of Community mediation began in the 1960s in the course of the civil rights movement. In legal parlance, community mediation implies resolving disputes or conflicts arising between the parties with the help of professionally trained mediators. Community Mediation is also termed as Interpersonal Mediation.
Community mediation focuses on:
- Providing a peaceful and safer community to live in
- Access to justice by avoiding time-consuming proceedings
- Giving the opportunity to both parties and resolving disputes amicably
- Settling the conflict with no or very fewer costs involved
- Providing direct access to the public through self-referral and striving to reduce barriers to service including physical, linguistic, cultural, programmatic, and economic.
- Providing services without any kind of discrimination based on race, color, religion, caste, gender, age, origin, personal appearance, marital status, gender orientation, family responsibilities, or source of income.
- Providing a medium for conflict management and resolution at the initial stage of the dispute.
- Providing a substitute for the prolonged court proceedings.
- Spreading public awareness regarding mediation as a mode of ADR
- Promoting educational activities regarding the values and practices of mediation [1]
National Association for Community Mediation
The setup of the community mediation center is designed expressly with the sole purpose of serving the community. Each center is obliged to maintain good relationships with its mediators as well as with its community partners. The volunteers from different social organizations are trained to hold the position of mediators in the community mediation centers. Certain government agencies, government departments, schools, courts, and other housing organizations take advice from the community mediation centers.
The National Association for Community Mediation is a true supporter of community mediation. NAFCM aids the community mediation centers by advancing its work, grouping the wisdom of community mediation, and strengthening the voice of community mediators.
NAFCM helps in the growth of community mediation centers. These centers deal with different services that vary according to the needs of the parties as well as the capacity of the community mediation center.[2]
What Types of Disputes Can Be Handled by a Community Mediation Center?
Community Mediation can help in resolving the following disputes:
- Family disputes and other compoundable offenses can be dealt with by the community mediation
- Disputes between neighbor
- Disagreements between families or neighbors
- Divorce
- Custody matters
- Disputes between landlord and tenant
- Labor disputes or disputes between co-workers
- Civil and small claims
- Financial settlement issues
- Commercial Disputes
- Organizational issues and community conflicts
The mediation community centers provide other conflict resolution services as well. Hence, the community mediation is done amicably, informally, and voluntarily by professionally trained volunteer mediators.[3]
Benefits of Community Mediation
- Economical and cost-saving: Made with the motive of ‘Justice at Doorstep’, the costs involved in community mediation are minimal. In some instances, either cost are free or very less. The affordable amount is such that it can be easily paid by both disputants. Hence, the parties approaching the community mediation experiences the benefit of cost-saving.
- Private and Confidential: The cases resolved in community mediation centers are private and the identities of the parties are kept confidential. The discussion taken in community mediation is done privately unlike the litigation proceedings that take place in an open forum.
- Solution centric: One of the main features of community mediation is that such centers follow a solution-oriented approach thereby leaving up to the parties for developing their own solutions.
- Voluntary: The decision of disputants to approach the community mediation is voluntary and parties are free to take part or not.
- Fair process: The mediator takes a fair decision in resolving the dispute. He understands the views of both parties and abstains from indulging in any kind of partiality.
- Preservation of Relationships: Community mediation ensures that post the community mediation, the disputants arrive at a mutual solution and their future relationship is not hampered.
- Prolific and Flexible: The mediators in community mediator aims at providing a productive result thereby giving the disputants to bring out of the boxes solution, or by being creative. [4]
Community Mediation Clinics
The Indian Institute of Arbitration and Mediation (IIAM) introduced the concept of IIMA community mediation clinics. The motto of the community mediation clinic read as ‘Resolving conflicts; promoting harmony’. These clinics were launched by the Chief Justice of India on 17 January 2009 in New Delhi, India.
Eventually, the concept of community mediation centers started getting attention and a praiseworthy response was received from Kerala. The aim of granting justice to society was being followed by the implementation of such mediation clinics or mediation community centers.
The idea was to establish CMCs at the grass-root level in numerous villages and enhancing access by helping to bring justice to society. In order to make the rule of law a reality, there was also a strong focus on reducing the cost of legal proceedings. The vision behind the implementation of mediation centers was to ensure the protection of the right to speedy justice to a citizen under Article 21 of the Indian constitution. Thus, these clinics were set up with minimal cost involved in settling their legal disputes and aiding the citizens in proving justice within a limited timeframe.
Disputes are considered as part and parcel of life. Every other individual in their entire lifetime comes across one or any other conflicts. There are certain disputes wherein one avoids indulging themselves in the lengthy proceedings of the courts but at the same time, they yearn for getting their disputes settled in a much easier way. According to a recent study, it has been observed that 70% of the ‘winners’ in litigation are unhappy in the end. Thus, it can be presumed that the courts are not always the best place for resolving the disputes.
However, the quality of justice has been improved by the introduction of Community Mediation Centers. The Community Mediation Centers aids in providing restorative justice by following different approaches suitable to the particular dispute. The Community Mediation Centers’ main function include reintroducing the offender into the community by providing correctional practices, thereby giving the offender another chance.
Community Mediation Centers. possess the caliber to bring a transformation into society and encourage people to opt for the simplest modes of ADR. Thus, setting up Community Mediation Centers all over India will certainly bring about a reflective change in the Indian legal system.
Present Situation in India
It is well-known fact that Kerala in comparison to other states is considered as one of the leading states in India.At present, 28 million cases are pending in Indian Courts. The suggestion by Hon’ble High court Justice Musthaq and Hon’ble State Secretary of KeLSA Nissar Ahmed of introducing community mediation centers at the state level was supported and upheld by other states too.
Recently, a body under Hon’ble Kerala High court, called KSMCC (Kerala State Mediation and Conciliation Center) and KeLSA (Kerala State Legal Service Authority) familiarizeda grassroots level dispute resolution mechanism known as Community Mediation Volunteer Program. The reason behind the introduction of such mediation centers was to reduce the pendency of cases lying in courts efficiently and effectively.
Kerala implemented this grassroots level mechanism at the initial stage in Kochi which turned out to be quite successful. It was followed by the second project that took place in Kozhikode. A 20-hour training was provided to the nominated individuals from different communities that appeared for Community Mediation. The main function of these community leaders is to understand the views of both parties, understand the conflicts pertaining to intra-community problems, and arriving at a mutual solution. Several representatives and volunteers gathered to participate in the training program organized at Calicut. Their main functions included facilitating mediation as an ADR mechanism in their respective social groups. The solutions are derived between the parties amicably.
Thus, according to the Kerala Model, most of the cases include family disputes and other compoundable offences which can be transferred to the Community Mediation Volunteer Program for meditation. India can become a nation where the system of the Community Mediation Volunteer Program can be adopted and practiced. The aim of the program is the promotion of free legal aid mechanisms in all social arenas.[5]
Conclusion
The idea of Community Mediation is first-hand and is gradually evolving. In some parts of India, the newly introduced concept has gained popularity whereas, in other parts, the concept is emerging. In India, the maximum number of cases are unresolved and pending in courts. In such a scenario, the emergence of the concept of community mediation was the greatest need. As the name itself suggests, community mediation focuses on societal or communal interest and is not particularly on an individual. With the advent of new approaches in India for resolving conflicts among parties, the evolving concept of community mediation is expected to function successfully in the upcoming years.
References:
[1] RESOLUTION SYSTEM INSTITUTE, COMMUNITY MEDIATION BASICS https://www.aboutrsi.org/special-topics/community-mediation-basics
[2] NAFCM, Community Mediation Basics https://www.nafcm.org/page/Frequently_Asked_
[3] NAFCM, Community Mediation Basics https://www.nafcm.org/page/Frequently_Asked_
[4] RESOLUTION SYSTEM INSTITUTE, COMMUNITY MEDIATION BASICS https://www.aboutrsi.org/special-topics/community-mediation-basics
[5] Subeesh Hrishikesh ASIAN LAW PORTAL, Why Should India adopt the Kerala Model Community Mediation Volunteer System? (January 2003)https://asialawportal.com/2020/01/03/why-india-should-adopt-kerala-model-community-mediation-volunteer-system/
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