The Delhi High Court Bar Association (DHCBA) on Monday wrote to Delhi high court chief justice G Rohini requesting new Delhi Mediation Centre guidelines, to stop the mediation centre allegedly being “run by few lawyers”.
The Delhi High Court Bar Association (DHCBA) on Monday wrote to Delhi high court chief justice G Rohini requesting new Delhi Mediation Centre guidelines, to stop the mediation centre allegedly being “run by few lawyers”.
The Delhi High Court Bar Association (DHCBA) on Monday wrote to Delhi high court chief justice G Rohini requesting new Delhi Mediation Centre guidelines, to stop the mediation centre allegedly being “run by few lawyers”.
DELHI HIGH COURT BAR ASSOCIATION
Sher Shah Road, New Delhi-110 503 Telephones : 011-2338-5562, 2338-5043
Date: 10.11.2014
Hon'ble the Chief Justice
Delhi High Court i
Sher Shah Road
New Delhi-110503
Subject.; Request for formation of overseeing committee from amongst the
? elected members of the Bar in the Mediation Gentre and framing of
' new guidelines for appointment of Mediators.
Respected Madam,
The Delhi High Court Bar Association is aggrieved with the taking over the affairs
of the Mediation Centre by Sh. Amarjit Singh Chandhiok (Sr Advocate), Sh.
1P.Sengh (Sr. Advocate) & Ors. on permanent basis whereas these members do
not hold any post in the Delhi High Court Bar Association Moreover, these
members are also running their private Mediation Centre in the name of AIM and
are misusing their position for their personal gain, which is not only unethical but
also gives a wrong signal to the society that the Mediation Centre of the Delhi
High Court is a private affair of certain members. Moreover, it is surprising that
certain mediators have made it a permanent place and a regular source of income
for themselves by getting the maximum work in the Mediation Centre by
Projecting themselves to be the best mediators, while majority of the mediators
wait for a single case for quite some time. The working style of so called best
mediators is such that they keep almost all those cases with themselves which are
almost at the stage of being settled while these very mediators, taking advantage
of being part of the Organizing Committee assign difficult cases to other
mediators to give a negative picture of others, therefore, these mediators who
are taking benefit for themselves being in the Organizing Committee, need to be
replaced by up-right persons who should mark cases to all mediators on rotation
basis without any favour being given to any specific mediators,
Madam, we believe that the Mediation Centre is not established to provide
Permanent employment to few advocates who are establishing their practice
through the same. Some of these advocates are enjoying the facilities of getting&
good work from the Mediation Centre of other courts as well as they are
continuing as Mediators in different courts at one point of time. It is quite
unfortunate that the Mediation Centre of the High Court as well as the District
Courts do not encourage the new members to become Mediators Particularly in
Delhi High Court, it is very difficult for a new member to become Mediator as
ven the information is not brought to the public domain. The unfortunate part is
that even those who are sent for training sessions are selected purely on
recommendations,
DELHI HIGH COURT BAR ASSOCIATION
Sher Shah Road, New Delhi-110 503 Telephones : 011 2338-5562, 2338-5943
Delhi High Court Bar Association is surprised as to how the charter of
Mediation Centre has been changed by removing the President, Vice President
and Hony. Secretary from the Overseeing committee by replacing the same with
the name of Sh. Amarjit Singh Chandhiok (Sr. Advocate), Sh. J.P.Sengh (Sr.
Advocate) and others.
Such a change in the charter in Mediation Centre is unacceptable to the Bar
Association as the same gives the impression that the Mediation Centre is being
run by few lawyers. The Bar Association has earlier apprised your goodself to
change the overseeing committee with the elected President, Vice President and
Hony. Secretary of Delhi High Court Bar Association by removing these persons
who are occupying positions unauthorisedly in the Mediation Centre. The Delhi
High Court Bar Association also request your goodself to invite applications from
members desirous of becoming Mediators and give them an opportunity to show
heir worth in the Mediation Centre. Needless to say that nobody even the so
called best Mediators knew about the mediation before they got appointed in the
Mediation Centre and it is only after their appointment and continuing in the
Mediation Centre, now they are claiming to be the best Mediators.
Madam, the Mediation is a new phenomena adopted from USA and other
countries which was initiated for resolving the disputes and therefore the
Mediation is a mean to provide training to the members to impress upon theirDELHI HIGH COURT BA ASSOCIATION
Sher Shah Road, New Dethi-110 503 Telephones : 011-2338-5562, 2338-5943
Sasa
clients to settle their disputes even outside the court, therefore, the members
who have attained vast knowledge in the field of Mediation may now will be
helpful outside the Mediation Centre to get the disputes resolved amicably as is
being done in USA and therefore it is necessary to train more and more lawyers
for mediation so that after attaining knowledge in the Mediation Centre and
getting success as Mediators, they are moved outside the Mediation Centre after
about spending two to three years time to ensure that the real objective behind
the Mediation to reduce burderron the Courts by using their expertise knowledge
is achieved.
Madam, the Delhi High Court Bar Association has apprised the Judge-in-charge of
the Mediation Centre about its grievances and is grateful to the Judge-in-charge
for her assurances to make changes but as the changes being sought, require
framing of new guidelines for Mediation Centre which may affect the present
setup, therefore, it is necessary that the same may be brought to the notice of
your goodself so that the appropriate action on the same may be expedited and
desired changes may be brought at the earliest
With warm regards,
: ‘AJIV KHOSLA
PRESIDENT