Mediation

WHAT IS MEDIATION

• Mediation is a voluntary, cooperative process in which an impartial and neutral mediator facilitates disputing parties in reaching a settlement
• A mediator does not impose a solution but creates a conducive environment in which disputing parties can resolve all their disputes.
• Mediation is an informal process
• There are no strict or binding rules of procedure.
• Mediation is a completely confidential process.
• Mediation enables disputing parties to interact even on a one-to-one basis.
• Mediation is a completely voluntary process.
• Mediation enables the parties to be the key players in the dispute settlement process.
• It is an inexpensive and speedy mode of dispute resolution.
• Mediation is interests based rather than rights based.
• Mediation enables parties to settle their own terms of agreement.

MEDIATION VS LITIGATION

• No loss of time in mediation.
• No financial investment is required in mediation.
• Mediation preserves ongoing business or personal relationships.
• Mediation allows flexibility, control and participation of the disputing parties. Mediation is a far more satisfactory way of resolving disputes as compared to litigation. There is no appeal or revision in a mediated case and all disputes get finally settled.

WHO CAN MEDIATE

Any person who undergoes the required 40 hours training as stipulated by the Mediation and Conciliation Project Committee of the Supreme Court can be a mediator.

WHAT HAPPENS IN A MEDIATION SESSION

1. Introduction:- Mediator introduces himself to the parties explains the mediation process and establishes his neutrality. He explains the ground rules and initiates the confidential process of the dispute resolution.

2. Joint Session:- Mediator gathers information about the factual background and interests of the parties, establishes interaction between them and creates a suitable environment for an amicable settlement.

3.Individual (Separate) Sessions:- When it becomes necessary, a Mediator allows the disputing parties to further explain their grievances, continues to gather information, persuades individual parties to share confidential information and helps them to create options for an amicable settlement.

4.Agreement:- Mediator confirms and clarifies the terms of settlement and reduces the settlement into a clear, complete, concise and binding agreement.

WHAT ARE THE BENEFITS OF MEDIATION

Mediation is:-

1. Quick and responsive
2. Economical. There is no extra cost.
3. Harmonious settlement
4. Creating solutions and remedies
5. Confidential and informal
6. Parties controlling the proceedings.
7. The plaintiff is entitled to refund of full court fees as per Section 16 of the Court Fees Act, 1870 if the dispute is settled through the process of mediation.

MEDIATION AND CONCILIATION PROJECT COMMITTEE

Hon'ble the Chief Justice of India set up the Mediation and Conciliation Project Committee (MCPC) in 2005 for encouraging amicable resolution of disputes pending in the courts in accordance with Section 89 of the Code of Civil Procedure.

IMPACT OF MEDIATION

Mediation has had a significant impact on dispute resolution all over the world particularly in Bangladesh, America, England. In India, Mediation has shown significant results in Bengaluru, Chennai and New Delhi.

LIST OF MEDIATION CENTRES IN THE STATE OF PUNJAB