Mediation is an age-old procedure of dispute resolution rehearsed since vedic
period. It is a low cost, keeping the issues, particularly family matters secret
among three parties, two parties and the mediator. Also, the solution isn't
forced on any party, it is a solution that both the parties consented to. It, in
this manner gives an effective solution in a tranquil way.
Alternate Dispute Resolution method for settling the dispute is generally new
pattern in India. The mediation procedure in India is not a recently created
technique for dispute redressal, it is an age-old process since vedic period. It
is useful for both the sides - the courts are being somewhat less burdened with
cases, and the parties are getting their issue settled rapidly with less
problems and in a smoother way. In this manner, there has been made a
significant situation for mediation in Indian Law.
The contrast between taking an issue to litigation and taking it for mediation
process, is that in litigation, there is a blame game and the faults are to be
demonstrated, depending that the Court will give the solution; and in Indian
mediation, the issue gets settled through negotiation, where the solution is
looked for with the assent of the parties in the wake of considering the demands
of both the sides.
The alternate dispute resolution India comprise of following kinds of ADR in
India -arbitration, conciliation, negotiation and mediation. Mediation in India
is the most popular method among all the three procedures.
What is Mediation?
Mediation in India is a deliberate procedure where the contesting parties choose
to commonly discover a solution for their legal issue by entering into an
agreement and appointing a mediator. The decision-making power rests with the
contesting parties, with the mediator acting as a buffer to bring them to a
comprehension. The parties can recruit ADR legal counselors to represent them
before the mediator and clarify the situation in a professional way. The
difference between arbitration and mediation are that arbitration is a more
formal process than mediation. An arbitrator should be officially appointed
either beforehand or at the time of need. A mediator can be anyone, of any
designation, can be appointed officially or casually depends upon the desire of
the parties. The mediation law in India has been made easy to use and entirely
Mediation India are divided into two types which are generally followed:
Court referred Mediation:
The court may refer a pending case for mediation in India under Section 89
of the Code of Civil Procedure, 1908. This kind of mediation is often used
in Matrimonial disputes, particularly divorce cases.
In Private Mediation, qualified personnel work as mediators on a
fixed-expense premise. Anyone from courts, to the general population, to
corporates as well as the government sector, can appoint mediators to
resolve their dispute through mediation.
Effectiveness of Mediation:
On occasion, even the court referred mediation, as it is a simpler and quicker
procedure to get a resolution. Specially the divorce mediation in India is most
common technique for mediation. The mediation in divorce cases, property cases,
family matters, help to hold the issue constrained to the parties just, and
doesn't bring it before public, and reach to a solution maintaining the peace
Process of Mediation in India
In most cases, parties willfully settle on mediation to commonly resolve their
lawful issue, making mediation in India a party-centric and neutral procedure. A
third party for example mediator is appointed who acts impartially in guiding
the parties to mutually resolve their issues. mediation utilizes organized
communication and negotiation where parties put their issues and solution for
them before each other with the assistance of mediator. The person can be anyone
the parties have chosen, or an ADR lawyer concurred on by the parties.
The mediator them helps them to arrive at a conclusion based on their agreed
terms. As it is a voluntary procedure and the parties hold all the rights and
powers, any parties can withdraw from the procedure of mediation at any stage
without stating an explanation.
Mediation encourages the parties to take an interest in dispute resolution
actively and directly whereby they clarify the facts of their dispute, set down
options or approaches to determine the dispute and settle on a final decision by
coming to a settlement. The mediation procedure in India follows to all the
general guidelines of evidence and, examination and cross-examination of
witnesses. To know all the legal rights, you have over the issue, you can
discuss with your ADR lawyer how you can set up your demands and negotiate it
with the other party.
One of the essential advantages of mediation in India is that it is a totally
private method of dispute resolution. Only the contesting parties and the
mediator are involved, making the issues of the parties personal and private.
The mediator is an impartial and autonomous third party, who helps the parties
in finding their own solution. All statements made during the procedure of
mediation in India can't be disclosed in civil proceedings or other place
without the prior consent of all parties in writing.
In Mediation in India, the mediator works together with parties to encourage the
dispute resolution mediation process and doesn't adjudicate a dispute by
imposing a decision upon the parties. A mediator's role is both facilitative and
evaluative. A mediator encourages when he deals with the interaction between the
parties, encourages and promotes communication between them and manages
interference and outburst by them and motivates them to arrive at a friendly
Procedure of Mediation in India is completely confidential as any information
outfitted by any parties and a report arranged or submitted is forbidden and
sealed. Any admission made during mediation can't be utilized in some other
legal dispute and any information provided to the mediator cannot be disclosed
to the other party unless the other party explicitly allows the mediator to do
as such. The mediator cannot be called as a witness to testify in any court case
and cannot disclose any information related to the proceedings.
Mediation as an alternative dispute resolution process has been successfully
utilized in matrimonial disputes and corporate affairs to locate a prompt
solution which isn't just efficient and financially effective yet additionally
keeps the whole dispute process private. The procedure of mediation in India is
adaptable as it works two-ways by helping disputing parties to mutually resolve
their issue and reducing the burden of pending cases on the courts.
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