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Members of District Legal Services Authority along with GBs and DBs pose for a photograph after the workshop on mediation techniques at Phenshunyu village panchayat on October 29.[/caption]
Dimapur, Oct. 31 (EMN): District Legal Services Authority (DLSA) conducted workshops on mediation techniques for Dobashis (DBs), Goan Burahs (GBs) and village council members in Phek, Dimapur and Kohima on October 29 and the 30th.
The workshop in Phek was conducted on October 30 at DPDB hall, Phek, with the participation of DBs, GBs and VCCs of Phek Sadar and Khuza circle.
Delivering welcome address, Vethothi Vero, panel lawyer of Phek District Legal Service Authority, has described officials of the customary courts as guardians of the customary laws and practices. He said the workshop was organised in order to promote and preserve the same with the modern techniques in tune with changing times.
Mezivolu T Therieh, district and sessions judge as well as chairperson of Phek DLSA, stated that the concept of mediation in India received legislative recognition for the first time in the Industrial Dispute Act, 1947. She added that the Legal Services Authority Act, 1987 had vested the state legal services authorities with duties to encourage settlement of disputes by way of negotiations, mediation, arbitration and conciliation and Lok Adalats.
Mediation being one of the Alternative Dispute Resolution (ADR) mechanism, she stated that it is one of the best strategies for speedy resolution of disputes, flexibility, saves valuable time and avoid lengthy trials.
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Dignitaries and participants of workshop on mediation techniques at Phek on October 30.[/caption]
“Mediation is not uncommon in Naga society and is indirectly practiced in all decision-making and resolutions of conflicts by the village elders and village councils. The provisions under Article 371A of the Constitution of India need to be thoroughly researched so that we preserve and protect our customs and traditions with the modern day techniques. We all need to work together to bring about amendments in our existing laws in tune with the changing times and also work towards bringing about adequate laws to preserve and protect our society,” she said.
Welcoming the step taken by the present day government to document and codify customary practices she said, “we must all join hands with the government to make this effort a reality.”
Mamang Singson, PDLSA retainer lawyer, spoke on rules for administration of justice and police in Nagaland 1937 and urged the guardians of customary courts to follow the code of criminal procedure and code of civil procedure as embodied under the rules.
He mentioned that unless the rules and the village council Act meant for their governance are followed, the adjudication of the cases in their courts would always be challenged in the higher courts and their decisions be quashed on technical grounds.
V Ashu Theyo, advocate and trained mediator during his presentation on mediation techniques, mentioned that mediation is an informal way of adjudicating cases by following some simple ground rules and making the parties themselves resolve their differences.
He stated that one of the important factors to bear in mind is the confidentiality. He added that heinous crimes would not fall within the purview of mediation. He, therefore, stated that customs and traditions must combine with wisdom and knowledge so that the society could move ahead with the prevailing time.
He also encouraged the village functionaries to decide cases in an amicable manner stating one settlement could lead to another conflict if cases are not decided with modern techniques.
While stating that customary courts apply wisdom in settling cases, Chivohu Lohe, Head DB of Phek Sadar, lamented that at times the higher courts failed to understand the challenges under which the decisions were pronounced.
In a similar programme, Dimapur District Legal Services Authority (DLSA) conducted a one-day workshop on mediation techniques for the officials of customary court on October 29 in the premises of its front office.
In the first session, Limasenla Longkumer, state panel lawyer, spoke on “Concept of mediation, role of mediator and difference between mediation and judicial process/ arbitration/ lok adalat/ conciliation/ panchayat.”
In the second session, Limhathung Ezong, state panel lawyer, spoke on “Stages of mediation process and benefits of mediation.”
The workshop was attended by 12 members of the customary court.
In yet another programme, Kohima DLSA conducted a one day workshop on mediation techniques with the officials of customary courts at Phenshunyu village panchayat on October 29.
In a keynote address, Phuleto Yeptho, secretary of Kohima DLSA, highlighted on the functions and importance of legal services, role of panel lawyer, PLV and also gave a basic introduction of mediation.
A presentation on legal aid and its services was presented by Mika H Aye, panel lawyer KDLSA. Besides highlighting on legal services authority and its constitution, she spoke on the importance of Lok Adalat.
A presentation on mediation techniques as an alternate dispute redressal was presented by Veswupoi Theyo, advocate of Gauhati High Court Kohima Bench. He also highlighted on the birth of Naga statehood and the implementation of Article 371A.
The programme concluded with an interaction between the GBs and DBs and the resource persons.
