MEDIATION

Mediation is a process with an objective

Mediation is a part of the mediation process in which a neutral person, the mediator, helps the disputing parties to resolve the conflict by mutual consent. Mediator means

• A structured, informal negotiation process.
• A process in which a neutral mediator uses specialized communication and negotiation techniques to facilitate conflict resolution a voluntary, confidential, transparent and flexible.

Matters to be referred to arbitration process:

All civil cases including for injunction. Cases under section 138 of the negotiable instruments act, proper criminal cases and cases which are amenable to settlement under the rules are also referred to arbitration except in cases of compensation, partition of property, financial claims, family disputes, non-cashing of cheques, but not involving serious allegations of forgery. Can be done

How to apply for mediation?

If there is any scope for amicable settlement in a case, the presiding officer may consider the case as an alternative dispute. Can refer to the solution. Neither party shall agree to settle, but through their mediation, if there is a sincere desire to explore the possibility of reconciliation, even then it is appropriate to refer the matter to mediation and if the presiding officer deems it fit to do so, the matter is referred to the mediation center for mediation.

Steps in the mediation process

1. – Introduction – the mediator introduces himself to the parties and explains the mediation process.
2. A joint meeting of both the parties to facilitate an amicable settlement of the dispute between them. 
3. A personal separate meeting allows the parties to express their grievances, demands, and expectations in detail.
4. Agreement the arbitrator expresses clarity by sealing the terms of the conciliation and records the terms of the conciliation and records terms of conciliation clearly, concisely and concretely as acceptable to the parties.

How many long the mediation process takes:

Cases are resolved in a couple of meetings, but some are complicated case may require more sessions for effective resolution. In general, the mediation process takes a maximum 60 days.

Advantages of mediation:

1. Subject parties can express their views directly, informally, confidentially and without walls of retaliation
2. Save time, money and energy.
3. The animosity between the two parties decreases.
4. They get an opportunity to re establish and maintain their business and personal relationship.