Pre-Counselling Session | Module 3

Arrange Pre-Counselling Session

What to do if the party tells you that they’re not in a position to settle?

If the parties tell you that they’re not in a position to settle. You can tell them that it’s okay but if they come for Online Lok Adalat, they might get a good offer.

Note: Do not tell them what kind of offer as it depends on the bank, also do not give any legal advice.

What to do if the parties say that their cases are settled?

Ask them to come on VC or phone call and confirm the same in front of the judge. So, that case can be closed in the Court as well on the basis of the settlement.

How to get the contact details of Steno & Judges?

On the day of pre counseling, ask your Core Manager or Moderator for the same. The situation may be that the steno and the judge must have already received the meeting link from the Core Member or Moderator of the session.

Note: In Lok Adalat, parties come for a settlement and not to fight a case.

What will happen if parties don’t settle?

If the parties do not settle a matter, further legal action will initiate or continue as the case may be. Don’t tender any form of legal advice at any stage. However, you can inform them that through Lok Adalat they can resolve their dispute amicably and in an expeditious manner.

What to do when parties are not picking up the calls after consenting for Lok Adalat?

Drop the Message on SMS or whatsapp, the template has been shared in the group description. If he doesn’t respond or turn up for the meeting, Inform the judge accordingly.

If the petitioner’s/respondent’s advocate says that he is not representing them, then what should a case manager do?

If the Advocate is not ready to join, please check if the parties are willing to join.

If the parties consents for the process. Do not disturb the advocates.

If the details are not available of the parties, Kindly close the case.

If the petitioner’s/respondent’s advocate denies to represent or come for Online Lok Adalat?

Look for the contact of the parties, if no such details are provided. Close the case.

What to do if one party consented but the other one denied for the online lok Adalat.

If it is not a withdrawal matter and either party has not consented to come for the Online Lok Adalat. Kindly, close the case with the case update.

If a party says that they’ll join on the day of Lok Adalat, what should the CM do?

The Case Manager will keep the case open and share the details with the Core Manager or the Moderator of the session. If the DLSA or the Presiding officers allow, the case can be taken up on the later date or on 7th May 2022.

Do we have to call the counselor or stenographer after the petitioner/ respondent replies?

No, Case Manager will not reach out to the Stenographer or the Judicial officers without the order/request from the Core Members.

How to Moderate a Session?

  1. Check if the respondents have been informed by either you or other Case Managers.
  2. If not, ask for updates and if you do not get any response, the Moderator will start calling the parties on his own or will take help of anyone who will be available on that day.
  3. Make sure that as a Moderator, you have the contact details of the Judge or stenographer.
  4. If you have the contact of only a stenographer, ask him if he has any contact details of the judges and can he inform the judge and panel advocates about the same? If he agrees, make sure that the judges and Panel advocates (if any) join at the given time.
  5. If as a Moderator, you do not have the contact details of the Stenographer or any panel advocates or judge. Please reach out to your core Manager and ask for the DLSA Staffs number who can provide you with all these data points.
  6. Reach out to DLSA Staff and ask for the contact numbers of the steno and panel members.
  7. Share the link with the Steno and Panel Members. Help them if they’re facing any difficulty.
  8. Share the link with the Case Managers in advance, so that they can send it to the parties.
  9. If there’s a common Petitioner, ask the case managers to avoid calling the petitioner.
  10. All confirmation from the petitioner should be taken by the Moderator.
  11. Share the link with all relevant stakeholders.
  12. If there’s any connectivity issue or a login issue with vc.sama.live, Share any other Video conferencing Platform or switch to a phone conference as soon as possible without wasting any time.

What is a withdrawal matter?

When the Petitioner is ready to withdraw the case/complaint against the Respondent. In withdrawal matters, it would be enough if the petitioner is the only participant in the Pre-counselling session.

Who should be present in the Session?

Petitioner, Respondent(if not withdrawal matter), Court Staff (Stenographer ), Case Managers, Panel Members is mandatory in order to conduct an Online Lok Adalat.

What is the task of a Case Manager, If a Moderator is there?

Help and assist the Moderator in conducting the session. Coordinate with the other parties of the listed matters on that day.

How to use the SAMA video conferencing Platform?

https://drive.google.com/drive/folders/1yIaeKPDZ7rBBXA_vNf1zDB_wCWJt15Zx?usp=sharing

Credentials to host a meeting on vc.sama.live

Link - vc.sama.live

User name - admin

password - 9855755798

What things to keep in mind while creating a meeting link on SAMA vc?

Please avoid using space, fullstop, coma or any special characters.

You can see some examples below:

BenchofJSKhare

BenchofPriyadarshi

BSNLPreCounseling

ICICIcasesforjuly

What is the validity of these links?

These links are valid throughout the Lok Adalat days. Only requirement is that the Case Manager should login as Host, in order to allow the participants and Panel Members/Judge to join.

How can parties download the SAMA Video Conferencing App?

Link for SAMA VC app

Android- https://play.google.com/store/apps/details?id=live.sama.vc

iOS - https://apps.apple.com/app/id1529355925

1 Like