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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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