MEDIATION :   A MIDDLE PATH

Most of us might have heard about the story of a hidden mango. A teacher was taking class on mathematics for primary class children. She called a boy and asked him if you have three mangoes and  you ate one, how many mangoes would be left with you. He answered 3 mangoes. Again the teacher repeated the question, the boy answered the same. Teacher got annoyed and shouted at the boy ‘how can it be , out of three mangoes you ate one how can there be three mangoes left’. The boy was never yielding and was obsessive.  The teacher changed the mangoes with apples. His answer was correct. Teacher again turned to him and patted him. ‘Yes’ , Now it is correct ‘ .Similarly how many mangoes would be there out of three mangoes if you ate one. The child repeated his answer and told the teacher that ‘I already got a mango in my pocket , then how could I give a wrong answer. The teacher understood her folly of not applying her mind. This is the hidden mango which the teacher could not make out and was answer to the clue. Or this is called out of the box suggestion ie to make out totally new assumption that could never be thought of or  hidden from the eyes of the disputants. 

During a meeting, earlier Chief Justice of India was suggesting that most of the cases in Indian courts could be resolved through Alternate dispute resolution , especially through Mediation.’ ‘At a time when the courts have been accused of pending cases, with more than three crores cases, Mediation would be a best alternative for speedy resolution’ he had observed. As rightly pointed out by the ex-CJ , most of the disputes are trivial and frivolous in nature and could be easily resolved by some one who can lend his ears and give a patient hearing. As an Advocate / Mediator, I have in my hand numerous cases which are very trivial in nature like, property disputes, partition matters and petty family matters. The issue is the parties concerned are not fully aware of the Mediation process and are not ready to give a try. The reason is that they feel that during mediation, the mediator would be taking sides and could be influenced by the other party. This fear is unfounded since mediators are independent persons and do not gain any thing by being influenced as the mediation process is not judicial in nature but it is left to the decisions of the persons concerned . Mediator does not influence any one to impose any decisions but promote and facilitate a cordial atmosphere to make them think coherently and help them to evolve a solution. Thus the cordiality of the parties are encouraged and a cordial atmosphere is created to help them to think for a solution within a shortest period of time.

Here only the mediator’s job begins ie to bring the warring group or persons to sit across. In some of the countries it is a prerequisite to make an attempt for resolution of a dispute through mediation and on failure only it comes to courts. This filters most of the cases as the parties also find it convenient to avoid  prostrated litigation. In India parties are not willing for mediation even if advocates prompt them for mediation. This is because of the sociological aspect and prestige.  This happens even in family disputes like partition, divorce, land disputes etc. The above three categories could be easily resolved by an effective mediation by a shrewd mediator who can sit patiently. A trained mediator, ie accredited mediator( accredition is done by the Institute of Arbitration and Mediation (IIAM) , an affiliate body of International Mediation Institute) can resolve such issues by helping  the parties to evolve a solution. Such mediators not only prepare the litigants for mediation and move methodologically by offering effective and out of the box suggestions as mentioned in the story of hidden mango, which makes it easy for a faster resolution.

This process was once prevalent in Gujarat among trade communities , like a process of arbitration and mediation , now known as Med-Arb. This was found to be very effective , in the sense , this does not create any heart burns among the traders, thus it retains mutual faith , as the resolution is helped out purely on mutual consent.  I have tried to convince my clients , but only a few were ready to test this method, even after reassuring the litigants that they need not have to withdraw their cases. In banking sector, similar methods akin to mediation are used as generally known as one time settlement. Here it seems to be arbitrary in nature as most of such settlements are like arbitration.

In present day trade deals, conflict is bound to happen and for finding immediate resolution, some of the contracts include a Mediation clause. In certain cases companies or bodies prefer to have a DRB or Dispute resolution board which meets frequently to quash any differences or misinterpretations. IIAM takes a role in nominating accredited Mediators to the board on request.

Already there is a custom of court directed mediation in the case of family matters etc. Probably in coming years , its awareness may grow as Government of India and also the Supreme court of India favour mediation as an effective tool for dispute resolution. IIAM , an independent body affiliated to IMI , the global body , is also taking much initiative to  popularise this and  create awareness.

        

MEDIATION

MEDIATION :   A MIDDLE PATH

Most of us might have heard about the story of a hidden mango. A teacher was taking class on mathematics for primary class children. She called a boy and asked him if you have three mangoes and  you ate one, how many mangoes would be left with you. He answered 3 mangoes. Again the teacher repeated the question, the boy answered the same. Teacher got annoyed and shouted at the boy ‘how can it be , out of three mangoes you ate one how can there be three mangoes left’. The boy was never yielding and was obsessive.  The teacher changed the mangoes with apples. His answer was correct. Teacher again turned to him and patted him. ‘Yes’ , Now it is correct ‘ .Similarly how many mangoes would be there out of three mangoes if you ate one. The child repeated his answer and told the teacher that ‘I already got a mango in my pocket , then how could I give a wrong answer. The teacher understood her folly of not applying her mind. This is the hidden mango which the teacher could not make out and was answer to the clue. Or this is called out of the box suggestion ie to make out totally new assumption that could never be thought of or  hidden from the eyes of the disputants. 

During a meeting, earlier Chief Justice of India was suggesting that most of the cases in Indian courts could be resolved through Alternate dispute resolution , especially through Mediation.’ ‘At a time when the courts have been accused of pending cases, with more than three crores cases, Mediation would be a best alternative for speedy resolution’ he had observed. As rightly pointed out by the ex-CJ , most of the disputes are trivial and frivolous in nature and could be easily resolved by some one who can lend his ears and give a patient hearing. As an Advocate / Mediator, I have in my hand numerous cases which are very trivial in nature like, property disputes, partition matters and petty family matters. The issue is the parties concerned are not fully aware of the Mediation process and are not ready to give a try. The reason is that they feel that during mediation, the mediator would be taking sides and could be influenced by the other party. This fear is unfounded since mediators are independent persons and do not gain any thing by being influenced as the mediation process is not judicial in nature but it is left to the decisions of the persons concerned . Mediator does not influence any one to impose any decisions but promote and facilitate a cordial atmosphere to make them think coherently and help them to evolve a solution. Thus the cordiality of the parties are encouraged and a cordial atmosphere is created to help them to think for a solution within a shortest period of time.

Here only the mediator’s job begins ie to bring the warring group or persons to sit across. In some of the countries it is a prerequisite to make an attempt for resolution of a dispute through mediation and on failure only it comes to courts. This filters most of the cases as the parties also find it convenient to avoid  prostrated litigation. In India parties are not willing for mediation even if advocates prompt them for mediation. This is because of the sociological aspect and prestige.  This happens even in family disputes like partition, divorce, land disputes etc. The above three categories could be easily resolved by an effective mediation by a shrewd mediator who can sit patiently. A trained mediator, ie accredited mediator( accredition is done by the Institute of Arbitration and Mediation (IIAM) , an affiliate body of International Mediation Institute) can resolve such issues by helping  the parties to evolve a solution. Such mediators not only prepare the litigants for mediation and move methodologically by offering effective and out of the box suggestions as mentioned in the story of hidden mango, which makes it easy for a faster resolution.

This process was once prevalent in Gujarat among trade communities , like a process of arbitration and mediation , now known as Med-Arb. This was found to be very effective , in the sense , this does not create any heart burns among the traders, thus it retains mutual faith , as the resolution is helped out purely on mutual consent.  I have tried to convince my clients , but only a few were ready to test this method, even after reassuring the litigants that they need not have to withdraw their cases. In banking sector, similar methods akin to mediation are used as generally known as one time settlement. Here it seems to be arbitrary in nature as most of such settlements are like arbitration.

In present day trade deals, conflict is bound to happen and for finding immediate resolution, some of the contracts include a Mediation clause. In certain cases companies or bodies prefer to have a DRB or Dispute resolution board which meets frequently to quash any differences or misinterpretations. IIAM takes a role in nominating accredited Mediators to the board on request.

Already there is a custom of court directed mediation in the case of family matters etc. Probably in coming years , its awareness may grow as Government of India and also the Supreme court of India favour mediation as an effective tool for dispute resolution. IIAM , an independent body affiliated to IMI , the global body , is also taking much initiative to  popularise this and  create awareness.

        

RESURRECTION OF FADING CULTURE OF TAMIL NADU

A feast for connoisseurs of Tamil Nadu Traditional Art

We never thought that it would be such a fabulous extravaganza , an attempt to bring back the fading  lustre  of what they called as “Natttupura Kalaigal”. This was what they did exactly when they performed  a 3 hours programme at Medavakkam , S&P Lakeview Appartment Community as part of the Community’s Pongal Celebrations 2018.This was presented in the pleasant evening of the Pongal Day in the coolness of January winter at the premises of the above apartment compex.. The residents remained as main spectators and  watched with wide eyes  various items presented by Sukra Dance Academy for Folk Dances of Tamil Nadu, Medavakkam. The team was headed by Dr. Sundaramurthy who is at its helm and himself  an exponent in Tamil Nadu Village traditional dances like Mayilattom,Bamboo dance, Karagattam, Poikkal Kuthirai Attam, Villupattu, Street show.etc.

It is a general feature or custom to show case such programmes in front of tourists, both domestic and foreign and its importance is slowly getting lost and such artists are now rarely seen. This is mainly because it has lost its lustre either because of films , TV shows  ,  present day film songs or more importantly  due to unattractive monetary benefits.  It is at this background that Sukra Academy for cultural arts has identified these fading arts and want to resurrect it by training younger generations . Probably the organisers and the Acadmey both might have felt that the present generations may be given a chance to witness such programmes which they would never know in coming days. This make me remember my visit to one of the domestic Zoos in Europe , Germany. When I was told that one of our outings would include a visit to domestic  zoo . We are used to visit Zoos but I had never heard of domestic Zoo. My curiosity increased when we were nearing the entrance of the Zoo. We were charged 25 Euros as entrance fee, ie roughly 1500 INR , as you know all such visits are chargeable . To my astonishment and surprise I saw caged hens,rats, even lamps etc. and Cows and cattle behind fence that were left freely to grace. Thus one way it is showcasing of domestic animals which are now rarely seen in present day households and more importantly present children are not even aware that once their grand and great grand parents were having cows and cattle at their homes.

Coming to the Pongal celebrations of S&P Apartments in Medavakkam, this happens to be one of their important celebrations which they wait for every year eagerly to look for new items or variety. The organisers probably understanding the mood and expectations of their  community did not disappoint them. The festive mood was evident from 10^th of January itself with decorations and bit flags tied all over the buildings. Colour lights started to blink every night in tune with the enthu. In the previous night residents competed with each other in depicting designs revealing themes and messages all around with their favourite rangolies or traditionally called as “KOLAM” in tune with the traditions of Tamil Nadu. The Kolam drawings  went upto 1 am next day and we could  imagine the enthusiasam of the residents.  

Next day the PONGAL day broke out  and despite the fog and chillness in the morning hours all assembled at the front where the seat of Lord Ganesa, the deity with elephant head,  was located who is believed to be the God for removal of all obstacles. In front of the God , two bricks were placed on the ground  , to keep an earthern pot.  In between the bricks fire was lit representing the traditional “Virag aduppu”. All residents , a big crowd, joined together , ladies , children , young and old stood around to see the Pongal boiling  to the brim, with full enthusiasm and shouted unitedly in one voice “Pongalo Pongal, Pongalo Pongal”, the voice reverberated in the air signalling the much awaited Pongal celebrations with a difference as it was an integrated community Pongal . The residents were from different cultural back ground, different states carrying traditions of other states, community and different cast. Hence it is called as an integrated community Pongal.   

The Community premises resembled a village atmosphere with bullock cart, big wheel rots, rat jyothsyam, Punju mittai .Urban children got an opportunity to get a flavaour of village atmosphere. Then followed various games from goli vilayattu to running race etc,etc. Then came the much awaited Tamil Cultural Programme presented by Sukra Dance academy.

The curtain rose at 6 pm with a bang of traditional bands and drums and the dancers  going around turning the residents frenzy . Mr. Sundarmurthy appeared in the special stage prepared for the programme and announced the first performance.

It was a street play or Theruvu kooth. It was based on Mahbharatha  which was depicted in a very simple and lucid way. On the stage two actors dressed like warriors representing pandavas and kauravas or Yudhishtira and Duryodhan. Then came the trickster Sakuni who cheated them in the dice followed by Draupathy disrob.This was presented a vivid way as a tamil folk dance which coulldbe easily under stood. The transpiring of communication was so strong that whole important episode in Mahabhratha was presented in a seven minute play.   The play ended up with Draupathy’s woe to kill Dusshasana and take revenge.

Pongal pictures are available at the link:

https://photos.app.goo.gl/6060EQuWN6TIxw473

Next item presented was babboo dance where the dancers presented their skill .It was followed by a new number Jallikattu dance. Jallikattu witnessed a political challenge with protests and rallies all over Tamil Nadu. Probably  make it convincing the commentator gave an explanation for Jallikattu. PoikalKuthirai, karagattam etc,etc. were  a feast for eyes . The whole show ended with a mass dance  participated by most of the residents who danced in tune with the drums and bands along with folk songs. It was a frenzied atmosphere . As the curtain fell the residents retreated with the sweet memories of the performance of Sukra artists thinking of the next Pongal.

Adv. J Venkitachalam

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