Mediation resolves 32-year-old civil case

NAGPUR: Bharatlal Gangotri, 81, admitted that he had been left hassled attending the dates of this seemingly unending case which had dragged on for around 32 years before it was finally settled on Saturday during a live mediation session at the district court on Saturday. The legal heirs of Gangotri's late opponent were also present for settling the matter through the alternative dispute resolution process.
Of the 39 cases that were taken up, 28 matters were settled through mediation in a single day. Though mediation is a process where confidentiality is maintained, the District Legal Services Authority (DLSA) allowed the law students and lawyers to observe the sessions in order to popularize the concept.
The live sessions were part of the daylong 'Mediation awareness referral coaching and mentoring programme' held by the DLSA and Mediation and conciliation project committee, New Delhi. Kishore Jaiswal, DLSA secretary, said Nagpur has been earmarked as 'pilot location' for promoting mediation by the committee.
Gangotri's civil case was pending since 1982. APP Vasanta Narsapurkar said it was settled in three seating of mediation. "The dispute had started in 1966 when Ameenabai had got one-fourth share of the property at Hansapuri through a court decree. In 1976, she sold off her share to Gangotri and Abdul Bashir who is no more. In 1982, Bashir filed a suit for declaration, partition and separate possession. Gangotri too had filed suit for recovery of rent before small causes court," said Narsapurkar. "Gangotri's suit was decreed but Bashir's had got dismissed. Bashir's legal heirs filed appeals in 1996. There were multiple suits," he said. "The case was referred to mediation this month," he said.
High court justice BR Gavai said mediation has tasted success despite initial resistance. "It's a win-win situation where settlement is not forced upon but accepted," he said.
Justice Gavai too stated that he has referred several cases for mediation.
Principal district and sessions judge SD Mohod informed that the success rate is more than 62% in the cases so far referred to mediation, with around 4,056 matters settled so far.