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Background
STAR PLUS is a family entertainment channel which seeks to keep its pulse on society's changing norms and environment and provide its viewers with suitable entertainment. With its programme "Aap Ki Kachehri" (AKK) the channel ventured into "infotainment" of a different kind- a reality show combining the popular persona of Dr. Kiran Bedi, a persona known for fairness and a passion for justice and social change with real-life problems and situations which were crying out for a hearing. The combination worked well and for over a year, "Aap Ki Kachehri" became a platform for hundreds of people seeking a solution to their unheard and unaddressed woes which were upsetting their lives. The process of resolving disputes entailed an interface of parties in dispute and the Host - Dr. Bedi. Both parties were heard out patiently and the Host then helped them arrive at a consensual attempt at resolving the matter, explaining not only the legal rights and duties of each but also possible legal consequences of the situation.
The wide range of disputes that came before AKK showed up social patterns in a remarkable way- neighbours suffering nuisance of small hazards, women who were separated from their husbands due to the interference of family members, family members in dispute over family property, two 'widows' or 'wives' laying claim to the husband's property/inheritance, couples with financial issues between them, grandparents seeking the welfare of their grandchildren after the death of their parents, fathers and sons warring over property- even neighbours bickering over common parking space!
The process as it unfolded underscored a few important facets:
Ours is a society where small issues often escalate into violent situations and irreversible breakdown of relationships because of lack of an independent fair and informed intervention
There is a dearth of forums where people can be helped to resolve their differences.
People are either pushed to unfair resolutions by informal groups cobbled together from families and friends who 'resolve' matters in an unbalanced and unrealistic manner, or rush to the police in matters where the police cannot intervene, or fear police and litigation where they actual should be taking recourse to it.
Pre-litigation counseling is important both for avoiding as well as entering into litigation.
Besides finding it an informative and thought-provoking television show which unfolded many common issues in everyone's lives, people have started thinking of AKK as a serious platform for dispute resolution.
A mediation platform like AKK serves the purpose of providing people with a forum where they can:
Be assured of an open and fair hearing
Be assured that the process will not be too time-consuming and open-ended
Be able to understand their own issues
Be able to find viable solutions
Be able to understand the legalities of their situation and approach the legal options with clarity and confidence.
Ahead
Having been part of promoting this process through AKK, STAR Plus now feels that it should be carried forward to dovetail into on-going processes of Alternate Dispute Resolution in a manner which benefits the public at large. STAR Plus would therefore like to facilitate a process where groups of persons suitably placed can be trained in mediation and counseling, using the experience and learning from AKK. STAR Plus proposes to do this by a project designed to train groups of persons willing to work as grassroots mediators.
The process
STAR Plus will select a group of 30 persons in the selected districts and train them in the concept and skills of mediation. This will be done in association with local partner/partners. The parameters for selection of the local partnership would include:
Nature of work should include social work through counseling, legal awareness
Should be well networked with other such organizations/groups in the area
Should have ability to network with both non-governmental and governmental agencies.
Should have the ability to provide logistic support to the programme.
Participants/beneficiaries of the programme...
Persons who have been in the field of legal/social/family counseling and others having a regular interface at the grassroots level will be selected for the trainings. Parametres for selection would include:
Some years of experience in working in the capacity of a counselor/mediator/communicator, outreach staff of an NGO or government agency implementing programmes of social welfare.
Basic ability to read, write and communicate.
Ability to carry the work forward.
Components of the programme
The programme will have Training of Mediators and Training of Trainers as its main focus.
Trainees
Over a period of six months of the pilot project, it will train two groups of 30 persons, who will in turn reach out to the larger community through their normal course of work. The selection of trainees will be through grassroots NGOs and other organizations with a high public interface. Some categories are:
Counsellors in Crimes Against Women Cells
Counsellors in Legal Services Authorities
NGO Counsellors in Family Counselling Centres
Co-ordiantors of Self Help Groups
people involved in community radio programmes or other media activities
Training content
The training will be conducted in three sessions of two days each. The outline of the module is:
DAY ONE
Session 1:
Methodology: Resource person and Power Point
Introduction of the programme and the participants and resource persons.
Concept of and need for Mediation and Counselling.
Current trends in ADR
'Panchayats' and ADR
ADR and the Legal system
Session 2:
Methodology: Case studies
Types of problems which may come for mediation/counseling
Approaches to Mediation and Counselling- process, analyzing the cases, being objective and fair, communication skills, confidence-building, etc.
DAY TWO
Session 1:
Recap of previous day's learning
Legal issues in mediation
Session 2:
Documenting case studies and reporting
Networking with other important institutions/forums/professions, such as legal aid, doctors, psychologists, lawyers, etc.
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