International Mediation Day - October 19, 2023

The mediation movement in USA originated as a reaction to the shortcomings and challenges associated with divorce practices in the early 1970s. Disheartened by the adverse outcomes of litigated divorces, both parties and their advocates began exploring divorce mediation as a more collaborative approach.
    In this backdrop, 1975 saw the establishment of the Family Mediation Association (FMA) by Jim Coogler, Steve Erickson, and their peers. Coogler's pioneering book, "Structured Mediation in Divorce Settlement," acted as a beacon for this emerging field. His personal experience with a painful divorce process, one that resulted in significant personal and familial losses, became the catalyst for his advocacy. Initial skepticism was palpable, with critics questioning the potential of mediation, especially for high-conflict couples. However, the pressing need for a more compassionate approach for divorcing families was evident.
     By 1981, a second influential body, The Academy of Family Mediators (AFM), was founded by John Haynes, Steve Erickson, and others. Initially, the AFM's focus was on providing divorce mediation training as a means of funding its establishment. The association rapidly expanded, offering a variety of member benefits by the mid-80s. By the mid-90s, its member base had ballooned to over 4,000 mediators and trainers.
    The growth of mediation wasn't confined to family disputes. Other Alternative Dispute Resolution (ADR) entities like the Society of Professionals in Dispute Resolution (SPIDR), Conflict Resolution in Education Network (CRE-NET), National Association for Community Education (NAFCM), and the National Association for Mediation in Education (NAME), and many more, also saw significant growth. With primary funding from the Hewlett Foundation, these organizations continued to thrive until the late 90s. By 2000 Hewlett Foundation decided that it will fund only one umbrella organization. To consolidate resources, AFM, SPIDR, and CRE-NET merged to form the Association for Conflict Resolution (ACR). This merger brought together over 7,000 members, encompassing diverse practice areas.
   The ACR's impact is evident in its establishment of Conflict Resolution Day in 2005, setting standards for school-based peer mediation programs in 2007, and its continued advocacy for peaceful conflict resolution. ACR drafted ‘Recommended Standards for school-based Peer Mediation Program, 2007 and many other standard documents for training, with a view to:
• Promote awareness of mediation, arbitration, conciliation and other creative, peaceful means of resolving conflict;
• Promote the use of conflict resolution in schools, families, businesses, communities, governments and the legal system;
• Recognize the significant contributions of (peaceful) conflict resolvers;
• Obtain national synergy by having celebrations happen across the country and around the world on the same day.
    October, with its roots in the Latin word "Octo," means eight.  October occupied the eighth place of a year when the year was made of ten months and 304 days. However, because of season calendar mismatch January and February were added and  October became the tenth month, but it did not lose its name. Eight and  October symbolizing fertility, prosperity, and peace, serves as a poignant month for such advocacy. This month sees global celebrations of peace and non-violence, especially with Gandhi Jayanti on October 2nd. In 2008, the American Bar Association (ABA) designated the third week of October a s 'ABA Mediation Week.' Recognizing the same spirit, both the ABA and ACR, along with numerous organizations, earmarked the third Thursday of October as International Mediation Day.

This year, on October 19th, team Nivaaran, the mediators of Supreme Court has come together to celebrate International Mediation Day. Significantly, Nivaaran is introducing this celebration in India and pledges its annual observance. I'm optimistic that India will witness a surge in mediation associations akin to the USA's experience. While challenges and skepticism are inevitable, team Nivaaran, the Supreme Court Mediators stand resolute. In collaboration with the MCPC, under the esteemed leadership and guidance and of Justice Sundresh, we aim to establish a unified front, to set standards of mediation in the letter and spirit and upholding the principles of the India Mediation Act, 2023.

40 hrs, 5 days - Mediation Training Program – 05-09.03.2022

 The journey of  forty hours of mediation training through interactive sessions, spanning over five days have been one of the most absorbing, reflective and fascinating period for me. The journey with 26 most colourful, joyful, vibrant and creative colleagues and two trainers will be the most memorable moments for times to come.

Choicelessly I have a spiritual – philosophical approach and I continue to see every activity, event and institution with that glasses on. The fine distinction between Meditation and Mediation is the presence and absence of the letter 'T'. In meditation, the Self or the Aatma itself acts as the Third Party or the Teacher and guides Self to realize the true nature of Self or the Truth. Independent third party in mediation is an outsider, the mediator. Mediator is a person who acts as an intellectual obstetrician, helping people to give birth to the key that resolves the dispute between themselves. The correct answer already exists within the problem itself. At the base of every problem there is someone who is unreasonable, unjust and improper with the attitude and potentiality to exploit the other, without giving the due, be it money, time, emotional support or respect. Aid, help and assistance of the mediator is essential and imperative to enable surfacing of the toxin. The whole process is like Samudra Manthan.

It is not suddenly, that meditation is taking its roots deeper into the social psyche and is being promoted from the top.  All this is a wave motion and we all have to move with it, choicelessly. As human being civilized they shifted from violent ways of dispute resolution by dual, ring fights, battles and wars to civil way of using the office of family head, tribe head, panchaayat or king, a neutral third party that was the advent of Legal Revolution 1.0.

In 1273, with the proclamation of Magna Carta the power to resolve disputes and pass decrees moved to Parliament constituted of the people, by the people and by the people. That marked Legal Revolution 2.0. Independent Judiciary became the repository of dispute resolution from Trial Court to Supreme Court to ICJ and that manifested Legal Revolution 3.0.

As several issues arose in court litigation, people moved to arbitration, conciliation and mediation which was Legal Revolution 4.0. This is where most of us are existing. Riding on the fourth wave, the human beings have moved to Fourth Dimension and Globalization 4.0, Fourth Industrial Revolution and Fourth Education Revolution, the new breaking ground is peace mediation marking the Legal Revolution 5.0.

Peace mediation as contradistinguished from mediation simpliciter, is not a process of merely deciding a dispute or disposing of a litigation by bringing about a settlement between the parties for the present. Peace mediation is a process of eliminating and eradicating the conflict itself, forever. The process entails exploring and exposing the error in understanding and perception, which formed the very basis of the disagreement that brought about the clash of interests. Quality Peace Agreement must result in combusting and resolving the base or substratum of the conflict forever. 

The purpose of peace mediation is to make every person become conflict free by understanding the basis and true nature of the issues agitating deep in them. Our Constitutional goal is not a casteless society, it is not a classless society the real Constitutional goal is development of conflict free society. Lawmen have a pivot role in this paradigm as lawmen, not as politicians or social reformists. Let’s all work together to create a conflict free society, the ultimate goal of mankind.