Page 187 - ANNUAL REPORT 2025
P. 187

WORKSHOP ON MEDIATION
            “THE JUDICIAL PATH TO

            AMICABLE JUSTICE”


                    A one day Workshop on Mediation: The Judicial Path to Amicable Justice was conducted on
             01.11.2025. Hon'ble Sri Justice Jitendra Kumar Maheshwari, Judge, Supreme Court of India, and

             Hon'ble Sri Justice Fakkir Mohamed Ibrahim Kalifulla, Former Judge, Supreme Court of India,
             chaired the sessions as distinguished speakers.
                    Twenty two Hon'ble Judges of High Court of Andhra Pradesh thirteen Principal District and
             Sessions  Judges,  thirty  Additional  District  Judges,  fourteen  Civil  Judges  (Senior  Division),

             thirteen Civil Judges (Junior Division), have participated in the seminar have participated in the
             Seminar.  In Total, ninety three   Judicial Officers have participated in the seminar.
                    The first session of the workshop was on the topic “Mediation in Dispute Resolution –
             Concept, Usage and Enforceability in Civil & Matrimonial Disputes”. Hon'ble Sri Justice Fakkir

             Mohamed Ibrahim Kalifulla, Former Judge, Supreme Court of India, acted as resource person for
             the  session.  His  Lordship  described  mediation  as  his  lifelong  endeavour  and  agreed  that
             'endeavour' was the most appropriate word to describe mediation. If the concept of mediation
             was firmly registered in the minds of judicial officers, that itself would mark the success of the

             programme. His Lordship continued and gave his valuable sussgestions and views on mediation.
                    The Second Session was on the topic “Mediation in Commercial Disputes – Pre-Institution
             and Judicial Compliance”. Hon'ble Sri Justice Jitendra Kumar Maheshwari, Judge, Supreme Court
             of India, acted as Resource Person for the Session. His Lordship enlightened the participants

             stating that there is mandatory obligation on Courts to explore settlement possibilities in every
             suit, and gave deeper insights citing the judgments of Salem Advocate Bar Association case and
             Afcon's Infrastructure Limited case. Section 89 casts of Mandatory Obligation on Courts to explore
             settlement possibilities in every suit.

                    His Lordship emphasized that this Workshop will provide the procedural framework for the
             Court  referred  mediations,  establishing  timelines,  mediator  qualifications  and  enforcement
             mechanism which will create a comprehensive multi-door courthouse system where settlement
             opportunities  exists  both  before  and  during  litigation.  Further,  His  Lordship  with  his  vast

             experience classified and enlightened the participants on 'what constitutes the urgent interim
             relief'. It may be injunctions to prevent imminent alienation of assets, orders to maintain status
             quo before irreversible actions viz. demolition, disposal, appointment of receiver to prevent the
             dissipation of joint assets, Anton Pillar orders, search orders to preserve evidence, then mareva

             injunctions (means freezing orders), then relief, typically not urgent. Routine payment disputes,
             breach of contract claim seeking damages, declaratory relief, specific performance without
             immense  prejudice.  His  Lordship  added  that  institution  of  mandatory  and  pre-institutional
             mediation in commercial disputes resolution will be a visionary step towards reshaping delivery

             of justice.


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