This module is focused on the conversations, you’ll have with the parties. You’ll be basically helping all the stakeholders involved in this process to come on a video call conference or Call conference to get their matters amicably resolved. State Legal Services Authority around the country conduct different awareness program in order to make the people aware about the Lok Adalat and it’s benefit by PLA Volunteers, who are also Law Students. As a Sama Case Manager, you’ll be doing the same but in the virtual mode. so, you need to be polite and maintain the decorum.
How should the Case Manager introduce themselves to the Parties?
Case Managers will introduce themselves & state that they are calling from the office of DLSA (District Legal Services Authority) to provide details of Online Lok Adalat and if any further information is required, give them the address of the DLSA office and ask them to visit there if they want authenticity. Further you can also share the notification of Maharashtra State Legal Services Authority with the parties to the link provided.
Can we share the Petitioner's number with the Party?
No, we cannot share the Petitioner’s number with any party without the Prior consent of the Petitioner. You can ask them to join the VC and tell them to discuss the case in detail before the Sama Mediator or the Judge (as the case may be).
What should a case Manager do, if the respondent/respondent’s Advocate phone number is not available?
If Respondents or Respondent’s advocate contact details are not available, Contact the petitioner and ask him, if it’s a withdrawal matter? If he confirms, Please share the meeting details & link with Petitioner. If the case referred is a withdrawal matter then the presence of respondent or his advocate is not mandatorily required.
What should a case manager do, if Phone number of the petitioner is either not available or switched off?
If the Petitioner’s phone number is not reachable or he is not picking up, you should drop a text to him over sms/whatsapp and inform the judge/Sama Mediator about the situation at the time of pre-counseling. If the parties are not available either way, the case should be marked as Non-starter.
If no information regarding any party or Advocate is given, or the numbers are not available on whatsapp or call?
Mark the case as Non-starter and close the case. If the number is not valid, incomplete, switched off, Wrong numbers or not picking up after multiple attempts. Mention the reason for marking the case as non- starter in the case update column.
How a Case Manager will get to know that a matter is of withdrawal?
If the Petitioner / Court staff/ DLSA/ Core Manager/ Moderator or Sama Mediator confirms. you can mark the Case as Settled.
If the petitioner is an individual and not from a bank, the Case Manager should ask the petitioner or Mediator directly.
If the matter is of withdrawal, should a case manager mark that case as settled?
Yes, Once the case is withdrawn, Please mark the case as Settled.
When to call a Petitioner ?
If the Petitioner is an Individual, representing himself and not a corporate/Bank. You can reach out to him as soon as the case is assigned to you over call and ask if he/ she is willing to settle the matter with the respondent, if he/ she agrees you can then call the respondent and confirm the same.
When to call a Respondent?
If the Petitioner is an Individual not representing a bank, call him to take the consent. Once you get consent for both the parties you can then take up the matter in the pre-counselling session.
When not to call a Respondent?
If the Case is of withdrawal and it has been confirmed to you, you don’t need to call the respondent.
Also, if the Petitioner’s number is unavailable
What to do if Respondent/ second party ask you for more details, in case where the First party is some enterprise i.e., bank, insurance company etc?
Tell them that you don’t have the details and your job is to inform the Parties about the Lok Adalat. If they want to have more details, they can call the Petitioner/Petitioner’s office or respective DLSA Office.
How many attempts can a Case Manager make in one case?
If phone numbers of parties are available but they are not picking up the phone, two attempts can be made in order to get their consent. Make sure that you don’t call the parties back to back and there is a gap of at least an hour between two calls.
What to do if any party calls you a fraud?
Tell them that you are calling on behalf of the District Legal Services Authority and their authority can be verified from the office of the District Legal Service Authority. Additionally, you can ask them to visit the website of the State Legal Services Authority wherein a letter authorizing Sama to act as Technical Partner is uploaded. Click here to access the notice.
What to do if the counselor and/or Judges numbers are not available?
You can call the parties, take their consent. These details will be provided later on by the DLSA to the Core Manager or the Moderator.
What to do if the parties talk about evidence, facts and want to prove that they have a strong case?
Parties can be informed that they can resolve their matter amicably, in front of a judge/Sama Mediator and can close the matter if they want to and only if the settlement terms are feasible for them. If they don’t want to settle, please do not force them.
How should the Case Manager introduce themselves to the Parties?
Case Managers will introduce themselves & state that they are calling from the office of DLSA (District Legal Services Authority) to provide details of Online Lok Adalat and if any further information is required, give them the address of the DLSA office and ask them to visit there if they want authenticity. Further you can also share the notification of Maharashtra State Legal Services Authority with the parties to the link provided.
Can we share the Petitioner’s number with the Party?
No, we cannot share the Petitioner’s number with any party without the Prior consent of the Petitioner. You can ask them to join the VC and tell them to discuss the case in detail before the Sama Mediator or the Judge (as the case may be).
What should a case Manager do, if the respondent/respondent’s Advocate phone number is not available?
If Respondents or Respondent’s advocate contact details are not available, Contact the petitioner and ask him, if it’s a withdrawal matter? If he confirms, Please share the meeting details & link with Petitioner. If the case referred is a withdrawal matter then the presence of respondent or his advocate is not mandatorily required.
If the matter is not of withdrawal nature, the case should be closed.
In case, parties or Advocates do not pick up your call. Please drop them a sms/whatsapp. (Template is shared below.)
What should a case manager do, if Phone number of the petitioner is either not available or switched off?
If the Petitioner’s phone number is not reachable or he is not picking up, you should drop a text to him over sms/whatsapp and inform the judge/Sama Mediator about the situation at the time of pre-counseling. If the parties are not available either way, the case should be marked as Non-starter.
If no information regarding any party or Advocate is given, or the numbers are not available on whatsapp or call?
Mark the case as Non-starter and close the case. If the number is not valid, incomplete, switched off, Wrong numbers or not picking up after multiple attempts. Mention the reason for marking the case as non- starter in the case update column.
How a Case Manager will get to know that a matter is of withdrawal?
If the Petitioner / Court staff/ DLSA/ Core Manager/ Moderator or Sama Mediator confirms. you can mark the Case as Settled.
If the petitioner is an individual and not from a bank, the Case Manager should ask the petitioner or Mediator directly.
If the matter is of withdrawal, should a case manager mark that case as settled?
Yes, Once the case is withdrawn, Please mark the case as Settled.
When to call a Petitioner ?
If the Petitioner is an Individual, representing himself and not a corporate/Bank. You can reach out to him as soon as the case is assigned to you over call and ask if he/ she is willing to settle the matter with the respondent, if he/ she agrees you can then call the respondent and confirm the same.
When to call a Respondent?
If the Petitioner is an Individual not representing a bank, call him to take the consent. Once you get consent for both the parties you can then take up the matter in the pre-counselling session.
When not to call a Respondent?
If the Case is of withdrawal and it has been confirmed to you, you don’t need to call the respondent.
Also, if the Petitioner’s number is unavailable
What to do if Respondent/ second party ask you for more details, in case where the First party is some enterprise i.e., bank, insurance company etc?
Tell them that you don’t have the details and your job is to inform the Parties about the Lok Adalat. If they want to have more details, they can call the Petitioner/Petitioner’s office or respective DLSA Office.
How many attempts can a Case Manager make in one case?
If phone numbers of parties are available but they are not picking up the phone, two attempts can be made in order to get their consent. Make sure that you don’t call the parties back to back and there is a gap of at least an hour between two calls.
What to do if any party calls you a fraud?
Tell them that you are calling on behalf of the District Legal Services Authority and their authority can be verified from the office of the District Legal Service Authority. Additionally, you can ask them to visit the website of the State Legal Services Authority wherein a letter authorizing Sama to act as Technical Partner is uploaded. Click here to access the notice.
What to do if the counselor and/or Judges numbers are not available?
You can call the parties, take their consent. These details will be provided later on by the DLSA to the Core Manager or the Moderator.
What to do if the parties talk about evidence, facts and want to prove that they have a strong case?
Parties can be informed that they can resolve their matter amicably, in front of a judge/Sama Mediator and can close the matter if they want to and only if the settlement terms are feasible for them. If they don’t want to settle, please do not force them.
