Success rate of mediation centres goes up in Maharashtra

MUMBAI: A growing trend to resolve disputes rather than go in for long-drawn-out litigation has seen the success rates of mediation go up in Maharashtra. This year, 53 per cent of the cases referred to mediation cells across the state were resolved, a drastic rise from five years ago when the mediation movement started and the success rate was barely around 23 per cent.

Mediation cells at various courts today handle a range of cases from civil and business disputes to employee disputes and bitter matrimonial fights. The latest case referred by the Bombay High Court was the criminal and domestic violence cases between former Miss World Yukta Mookhey and her estranged husband, Prince Tuli.

Till September 2013, 47,541 cases were sent to mediation cells: 23,874 failed, while 26,609 were resolved. While this number may appear small when one looks at the over 30 lakh cases pending in the court, it is up from the 1,650 cases that came up before the mediation centres in 2008-2009. The success rates hovered between 25 and 34 percent, before seeing an uptrend this year.

Justice A M Khanwilkar (now Chief Justice of Himachal high court), who headed the main mediation centre at Bombay HC, had in his report said that the aim was that litigants should approach the cell "not because the conventional court regime is cumbersome and time-consuming" but because it "creates a win-win situation for both parties."

At present, there are over 1,112 judge mediators in the state, along with 256 advocate mediators. Mumbai and Thane alone saw over 8,000 cases referred to mediation cells. A look at the cases resolved in Mumbai in 2012 reveals that matrimonial cases, which see couples pitted in fierce disputes amid personal allegations, saw the most number of successful resolutions—41.43% of the cases were reconciled. The success rate in accident claims cases between insurance companies and victims/heirs was 35.39%, while matters before the chief metropolitan magistrate referred to mediation cells performed slightly better, with 38% cases seeing reconciliation.

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