Wednesday, September 5, 2012

The Mediation Phenomenon

Manzoor Ahmed is anxiously waiting for his turn in a two-room apartment built in the premises of Saddar Court complex in Srinagar, the summer capital of Kashmir. He is here to meet a counsellor who will try to sort out a litigation filed by Manzoor against his ex-wife over the guardianship of his son. His ex-wife has taken a seat in the waiting room of the complex. The aura is befuddling, not the one you would expect in a normal court.

The counsellor sits in large room in the mediation centre. The door of the rooms opens and the name of Manzoor and his ex-wife is called. Accompanied by their lawyers, the two get up and move in. The room has a large table on one side. Manzoor, along with his advocate and a friend, take seats towards one end of the table. In most cases, the victims are accompanied by close relatives, usually parents or siblings, who sit in a corner, away from the table. On other end of the table, his wife sits along with her lawyer and brother. The mediator, Ghousia-ul-Nisa Jeelani, a retired Principal and District Sessions Judge, arrives. She faces the couple and starts the session. 

Manzoor and Shaheena got divorced after the birth of their son whose custody was given to Shaheena by a court in Srinagar. Manzoor now wants his child back, which Shaheena opposes. The boy is sitting with his uncle, his mother’s brother, carelessly listening to his parents’ arguments, perhaps unmindful of the happenings. 

With two chocolates in one hand, the boy seems irritated by the verbal duel between his parents and asks his uncle whether they could leave the room. Before they leave, the mediator stops him, “Who do you wants to live with?” the mediator asks him. The boy doesn’t answer. He is too small to understand the complexity of the matter and leaves the room. The couple start levelling allegations against each other as soon as the boy departs. The mediator interrupts them, trying to put the derailed train of their life back on tracks. 

This is their second sitting with Ms Jeelani as she carefully picks points in their arguments and explains the consequences of their decisions. Manzoor wants to spend few hours with his son every evening while Shaheena says she would not let her son spend more than an hour on weekend with Manzoor, as has been decided by the court where the litigation was recently filed. The case was then shifted to the mediation centre for counselling the couple.  After the session is over, Manzoor is devastated. He desires to remarry Shaheena for a better future of their son and feels guilty for all that has led to the divorce with his Shaheena. But the mediator gives them another date and asks Shaheena’s brother to make her understand how the divorce is going to affect her future. She is agitated and doesn’t want to remarry. Both parties leave quietly. more 

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