CG3 Mediation Training Programme Brochure

CG3 - CONNECTING Governed Governing and Governance UNDER AEGIS OF Mediation and Conciliation Project Committee SUPREME COURT OF INDIA organizes 40 Hours Mediation Training Programme (for practicing lawyers) May 25 - 29, 2022 Hosted by: Centre for Advanced Legal Studies & Research of Kerala Law Academy Punnen Road, Statue, Thiruvananthapuram

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Mediation Training Programme Agenda Inauguration - 09:00 a.m. Dr. N. K. Jayakumar Chairman, University Law Reforms Commission Former Vice Chancellor of National University of Advanced Legal Studies (NUALS) Former Advisor (Law) to Chief Minister of Kerala Day 1 - 09:30 a.m. to 06:00 p.m. * Ground Rules * Learning & Training * Conflict Management & Resolution [role play involved] * ADR [special reference to s.89, CPC, 1908: types & differences] * Mediation - Process (role play Involved) Day 2 - 09:30 a.m. to 06:00 p.m. * Role of Lawyers * Mediation and Conciliation Rules * Communication [Role plays involved] Day 3 - 09:30 a.m. to 06:00 p.m. * Bargaining * Impasse Day 4 - 09:30 a.m. to 06:00 p.m. * Stages of Impasse & Mediator's Reflection * Management and Strategies * False Impasse & Impasse Avoidance Day 5 - 10:00 a.m. to 04:00 p.m. * Role Play * Professional Ethics [Ethical Principles for Mediators, Judicial * Mediators, & Advocate Mediators] * Documentary * Interactive Session / Concluding Remarks Valedictory - 04:15 p.m. Hon'ble Mr. Justice L. Nageswara Rao Judge, Supreme Court of India Trainer Details Ms. Jyothi Gopinathan Ms. Sudarshana Sunder (Advocate) Potential Trainer of MCPC, Kerala Sr. Trainer of MCPC, Tamil Nadu Mr. Suresh P.G. Potential Trainer of MCPC, Kerala 3

Mediation Training Programme What is Mediation? Disputes arises in all walks of life. However, the mode of settling disputes through an amicable manner is the hallmark of any civilization. And 'Mediation' is one such method which has emerged as a fast growing disputes redressal mechanism. Mediation is a voluntary, party-centred and structured negotiation process where a neutral third party assists the parties in amicably resolving their dispute by using specialized communication and negotiation techniques. The parties retain the right to decide for themselves whether to settle a dispute and the terms of settlement of the dispute. Mediation addresses both the factual / legal issues and the underlying causes of dispute. The concept of mediation received legislative recognition in India for the first time in the Industrial Disputes Act, 1947. Why Mediation? Mediation provides an efficient, effective, speedy convenient and less expensive process to resolve a dispute with dignity, mutual respect and civility. In mediation the mediator works together with parties to facilitate the dispute resolution process and does not adjudicate a dispute by imposing a decision upon the parties. Moreover, it is a private process, which means it is not open to public unlike litigation in Courts. It is confidential in nature, which means that statements made during mediation cannot be disclosed in civil proceedings or elsewhere without the written consent of all parties. Any confession or admission made during mediation cannot be used in any proceeding. Further, any information given by a party to the mediator, is not disclosed to the other party, unless specifically permitted by the first party. In the event of failure to settle the dispute, the report of the mediator does not mention the reason for the failure. The report will only say \"not settled\". Courtesy: Mediation Training Manual of India by Mediation & Conciliation Project Committee 4

Mediation & Conciliation Project Committee What is Mediation and Conciliation Project Committee? Mediation and Conciliation Project Committee (MCPC) is constituted by the Supreme Court of India, on 9th April 2005, to oversee the effective implementation of Mediation and Conciliation in the country. The Mediation and Conciliation Project Committee, Supreme Court of India has sought to tie together the various strands that have been the subject- matter of debate from time to time as regards the benefits and/or suitability of ADR methods of dispute resolution, by way of various Regional Conferences organized across the length and breadth of the country. These Conferences have witnessed brainstorming discussions of the strategies for integration of mediation within the conventional Court System. The first and foremost task before the Committee was to train the mediators. The Committee decided 40-Hours Mediation Training and 10 actual mediations as the essential qualification required for a mediator to be able to be entrusted the task of mediating disputes. Following are the programmes conducted by MCPC: a) ARCM Programme (Awareness, Refresher, Critiquing & Mentoring) b) 40 Hours Mediation Training Programme for Judicial Officers c) Refresher Course d) Advanced Training Programme for Mediators e) Training of Trainers (ToT) Programme f) Training Skills Programme g)Referral Judges Training Programme Courtesy: Mediation Training Manual of India by Mediation & Conciliation Project Committee 5

Chairman & Members of MCPC Hon'ble Mr. Justice L. Nageswara Rao Judge, Supreme Court of India Chairman, MCPC Hon'ble Mr. Justice M. R. Shah Hon'ble Mr. Justice Sanjay Kishan Kaul Judge, Supreme Court of India Judge, Supreme Court of India 6

Read on...... https://main.sci.gov.in/pdf/mediation/MT%20MANUAL%20OF%20INDIA.pdf 7

Curriculum 25 May 2022 8

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Curriculum 29 May 2022 12

CG3 Vision About Us Connectivity is the buzz word of modern life. Good connectivity creates activity. The connectivity with government takes the citizen to the field of governance. Connecting the governed with the government is an ambition. This platform is intended to achieve that purpose. We listen to people and make the governance listen to them. We intent to be an emissary of the common people in their tryst with the governance of a welfare state - INDIA - A nation constructed by \"We the People of India\". Who are We? Society is driven through the politically organized State. State becomes live only with a lively government. In earlier times, the thinking was that 'that government is best which governs the least'. With the modern welfare state, the dictum has changed to mean 'that government is best which governs the most.' Thus, governance has become unwieldy today. Citizens must confront the government for umpteen issues. Getting justice more often an impossible thing. Going to the Court of Law is an exception rather than a rule for ordinary citizens. Similarly, getting justice from the government is also an exception rather than a rule for the common man. In such circumstances a platform to solve the real-life problems of the citizens is part of a grant mission. CG3 aims to accomplish this ambition through connecting the governed with government and governance. Those who have lost their way in the wilderness of busy life we show them the correct path. What We Do Giving sustenance to one person is worth more than preaching to a thousand persons. Access to justice to the deprived and disconnected citizens by connecting them to the benefits of governance is the avowed motto of CG3. Facilitating the needy individually, collectively and improving the dealings with the states, its instrumentalities and agencies is the policy. This requires an organized team of enterprising entrepreneurs. The activities also include dissemination of information, updating of legal literacy positions, conducting seminars and workshops, publication of literature pertaining to human right activities and various connected programs. 13

Patrons of CG3 Dr. Justice K. G. Balakrishnan Former Chief Justice of India & Former Chairperson of National Human Rights Commission Justice Cyriac Joseph Former Judge of Supreme Court & Present Kerala Lokayukta Dr. N. K. Jayakumar Former Vice-Chancellor of NUALS & Erstwhile Legal Advisor to Chief Minister of Kerala Smt.Gurvinder Suri Advocate & Managing Partner of the prestigious Law Firm, Suri & Co. CG3 Mentor Dr. Kylasanatha Pillay Sr. Advocate, Supreme Court of India & Mentor CG3 14

CG3 Ignites LAMP Globally When darkness comes let us not condemn the dark... but light a LAMP Legal Awareness and Motivation Program (LAMP) is the brainchild of CG3 - Connecting Governed Governing and Governance. In advancing towards the path of its noble cause CG3 has initiated a pious job of educating the children with the laws of our country. Aravinda Vidya Mandiram Children due to their impressionability Cross Roads School often fall victim to fraud and are induced The School of Good Shepherd to take part in acts or actions which Don Bosco Senior Secondary School integrates them due to lack of awareness of MPM Higher Secondary School the laws of the land and of the Lord's Academy consequences of violating them having St. Behenan's Higher Secondary School serious implications. LAMP by taking simple Nand Vidya Niketan measures explains the relevant laws to MVHSS encourage and develop children to become Catholicate Higher Secondary School law abiding citizens. Mar Gregorios Higher Secondary School Kendra Vidyalaya Children of classes 8 to 12 comprise the BMM Senior Secondary School focused audience of LAMP, who are Vidhyadhiraja Vidyapeetom Central School sensitized about the laws, its effects and Vysa Vidyanikethan implications. The programme is also Saraswathy Vidhyanikethan intended to familiarize the student Greets Public School community with Law as a career. Sri Sri Ravi Shankar Vidya Mandirs (Pan India - 45 Schools) Sri Sri Ravi Shankar Vidya Mandirs (Nepal) and more to go....... Till date we have successfully ignited our LAMP in 65 schools across India and also 1 in Nepal. We are happy to have made a global impact. As a custodian of law this drive comes with a duty to educate our children about the laws of our country and ensure that they understand them and also abide by them. 15

CG3 Kindling India's Soul - LSG Workshops \"The Soul of India Lives in its Villages\" ~ Mahatma Gandhi Shri. M. V. Govindan Master Society can only function with an active government. And in today's world governance has Hon'ble Minister of LSG & Excise become global. It is often impossible to get justice, and in such situations, CG3 is a platform to reflect Thiruvananthapuram on the real life problems of citizens. CG3 aims to Kollam achieve this aspiration by connecting governed Pathanamthitta governing and governance. Alappuzha Kottayam The Indian concept of governance is holistic. It is Idukki all inclusive. If the last man in the society is to be Ernakulam addressed, the Indian variety of grassroots Thrissur governance is admirable. Bottom line governance Palakkad ensuring larger participation of the people is a Malappuram hallmark of democracy. The PURA (Providing Kozhikode Urban Amenities to Rural Areas) advocated by Wayanad scientist-stateman A P J Abdul Kalam is Kannur translated into practice in the state substantially, Kasargode if not fully. more to go..... CG3, through a pilot project is making a humble approach to add value to the local self- governance in the state by connecting with the real players of power-the elected representative of the people. To achieve this objective CG3 is in the process of organizing legal workshops (LSG Workshops - Local Self Governance Workshops), for the entire people's representatives covering the province of local self- government. The formal inauguration and launching of the said workshop, by Shri. M. V. Govindan Master, Hon'ble Minister of LSG & Excise, during the first anniversary of CG3 marked the beginning of the mission to make legal aid and services accessible to all sections of the society through the people's representatives. 16

CG3 Webinars & Law Lectures Dr. V L Mony Memorial Law Lecture A Tribute to Dr. N. Narayanan Nair Redefining Legal Profession and Legal Education Contextually With Pandemic Human Rights vis-a-vis Judiciary Fundamental Rights: Stepping Stones to a Thick Vineyard (Part I) Fundamental Rights: Stepping Stones To A Thick Vineyard (Part II) Fundamental Rights: Preliminary Thoughts Approaches to Study of Law for Beginners (Part I) Approaches to Study of Law for Beginners (Part II) Confluence of Ideas Contempt of Court v/s Rule of Law Pandemic and Pan-Indian Pandemonium Contempt of Court v/s Personal Liberty National Webinar - Organized by CG3 & Company Law Society, Kerala on Constitution, Court and Contempt *all videos are available on: https://www.youtube.com/channel/UCpMShy8Z81KxDcjspJZOrAg 17

Read on...... https://www.connectedg3.com/digital-souvenir 18

CG3 expresses sincere gratitude to.... Mediation & Conciliation Project Committee (MCPC), Supreme Court of India Tamil Nadu Mediation and Conciliation Centre Kerala State Mediation & Conciliation Centre Centre for Advanced Legal Studies & Research, Kerala Law Academy 19

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