preferably in an inexpensive way. It is in this context that the
Indian Institute of Arbitration & Mediation (IIAM)
brought out the concept of establishing Community
Mediation Clinics as an inexpensive option with
the motto;
“Resolving conflicts; promoting harmony”. It is a way
to bring peace to people without litigation. Time
has come for the people to acknowledge our ancestral wisdom which used mediation as a method to
generate dialogue and discussion rather than intimidation and aggression.
The concept of IIAM Community Mediation Service (IIAM CMS) was launched throughout India
by the Chief Justice of India, Mr. Justice K.G. Balakrishnan on 17th January 2009 at New Delhi.
Community Mediation Clinics enhance access
by helping to bring justice to the society. It helps
preserve relationships by avoiding the embarrassment of being hauled into court, and by giving
people the opportunity to air concerns that a court
would rightly ignore when evaluating a legal claim.
The process also allows people the freedom to solve
their problems in a way that best fits their situation,
increasing the likelihood that they will abide by
their agreements and feel good about the resolution. Mediation Clinics has the potential to change
society and empowers the community to resolve
disputes. Mediation may be able to plow beneath
the surface of frequently vexatious litigations by
addressing the underlying conflicts. The mediator
acts as a bridge to iron the wrinkles of differences
affecting the parties.
We have to keep in mind that the legal system is not
the place to deal with hurt feelings. Mediation is
a process for individuals to resolve disputes during which they themselves provide solutions and
make the decisions rather than fight it out through
litigation. It is also a process that can mould a more
peaceful society. Conflict prevention is one of the
keys to the success and harmony in their society.
Community mediation also helps in restorative
justice through its variety approaches and restoring
the offender in community by giving correctional
practice thereby giving everyone a second chance.
Community Mediations helps to maintain peace
and solidarity among the members by facilitating
settlements among conflicting parties. Community
mediation means neighbours helping neighbours to
solve problems and resolve disputes. In this concept, mediation is provided by trained community
mediators who represent the community. They are
viewed as an opportunity for citizens to participate
in the prevention and early intervention of conflicts
as an alternative to institutional mechanisms. The
theme is, “Talk it out; Not fight it out”.
IIAM CMS provides an important service to the
community. The program could contribute to the
happiness and harmony of the commun ity. People
would get a platform near home to settle their cases
hastily and harmoniously, without the trappings
of a court. Through a system that resolves disputes
before it requires adjudication, it is hoped the legal
system will be freed up to deal with more serious
cases.
IIAM CMS is intended to divert cases from court,
build bridges between communities and transform
society into a more tolerant, understanding people. The mission of IIAM CMS is to utilize law as
a modality for healing and helping, and not just
technically resolving problems; to focus on the
TheSovereignVoice.Org