The dispute is referred to Mediation by the court followed by opening statements from the mediators and the parties.
This involves setting down the order in which negotiation is to proceed along with the issues to be discussed sequentially.
The parties explain their case to the mediator who then offers options underlying best interests of the parties.
A mutually satisfactory settlement is arrived at through deliberation which is then reduced to writing and signed by the parties.
What is Mediation?
Mediation is an arm of Alternate Dispute Resolution (ADR) in India; hence it is essentially, a shift from traditional court system. Mediation promotes amicable settlement between the parties outside the court wherein it takes into account their wishes. Mediation is backed by law wherein emphasis is laid on referring litigating parties to alternate modes of dispute resolution if there are elements of settlement in their dispute. In case, the parties fail to arrive at a mutual settlement the case is referred back to the court.
What types of disputes can be resolved through mediation?
All civil cases such as recovery, injunction, specific performance, partition, landlord-tenant disputes, matrimonial disputes, property-related disputes, employer-employee disputes, matrimonial disputes, few suitable criminal cases such as dishonour of cheques and cases which are compoundable under law, could be referred to Mediation.
Why Parties should Mediate?
Mediation is a party-centred process as it focuses on their interests, needs and rights. It is confidential and therefore aids better and effective communication between the parties. Mediation is conducive to dispute resolution by providing a procedure that is simple and flexible; mediation can be modified to the demands of each case and allows the parties to carry on with their day to day activities. It thus creates an informal, cordial and conducive environment for dispute resolution.