Mediation

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Mediation is a process in which an impartial or neutral third party assists disputants in finding a mutually acceptable solution. It is a good method of resolving disputes, especially those involving relationships which are not easily resolved.

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J. Hamsa strongly believes that mediation is an opportunity for each side to present their case and for us to get back to the table again and resolve matters amicably, having a win win situation.

Through the aid of an impartial third party, disagreeing parties negotiate during mediation. The parties to a disagreement are assisted in reaching a mutually satisfying resolution by a mediator, who is an impartial third party. Any settlement is documented in a binding contract, under due process of law.

Clearing up misunderstandings, identifying underlying interests and concerns, identifying areas of agreement, and incorporating those areas into solutions developed by the parties themselves are the major goals of mediation.

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 and all Civil suits.

Alternative Dispute Resolution

Mediation

Anyone from courts, to the general population, to corporates as well as the government sector, can appoint mediators to resolve their dispute through mediation.

Private Mediation

Private Mediation is done by a experienced mediator in resolving disputes. Out of court settlements can be made through private mediation.

Common Questions about Mediation

Mediation is an alternative method of amicably resolving disputes. It is an informal, party-centred and structured negotiation process where the parties to the dispute have an opportunity to express their grievances, feelings and interests with the assistance of a mediator. A neutral third party serves as a mediator and facilitates communication and negotiation between the parties to work out innovative mutually agreed solutions to meet their interests. All this is maintained under extreme confidentiality.

The parties to a dispute can opt for mediation at any dispute and are under no mandatory obligation to go through the procedure of Mediation. Choosing mediation as a mode to resolve the dispute in question is a voluntary decision and cannot be forced upon under any circumstances. By virtue of these rules, before the trial begins in a suit, the parties have to mandatorily undergo pre-institution mediation. Settlements arrived at in this process are enforceable by law.

In India, parties are at liberty to mutually decide upon a Mediator to mutually resolve their legal and contractual issues, however, in India, in case of pending cases are referred by the courts for mediation, a mediator is appointed from the panel of mediators registered with the High Court as well as the District Courts, as the case may be.

Mediation is less expensive, confidential, improves communication, saves time, preserves relationship, avoids litigation and creates a win-win situation for the parties.

There are four steps in mediation entailed as under-

  1. Introduction – The mediator explains the concept, process of mediation and sets ground rules for the parties.
    Joint Session – The purpose of this session is to gather maximum information. The mediator provides an opportunity for the parties to hear and understand each other’s perspectives, feelings, issues and interest.
  2. Private Session (Caucus) – It provides the parties to further vent their feelings and disclose confidential information which they do not wish to share with the other parties.
  3. Agreement – The mediator creates creative options for settlement and formulates terms of settlement agreement in writing. In cases where negotiations fail, the case is sent back to the referral court.