What is mediation and its process
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What is mediation and its process
Mediation
Mediation is a way to resolve disputes without going to trial. It is part of a special process called Alternative Dispute Resolution, which is mentioned in Section 89 of the Code of Civil Procedure.
In mediation, a neutral third party, known as a mediator, helps the parties involved find a solution to their conflict. The mediator uses negotiation and communication skills to help both sides understand each other better. Everyone involved, including their advocates, participates in the process.
One important aspect of mediation is that the parties keep the power to make decisions about their situation. The mediator does not decide who is right or wrong, nor do they assign blame. Instead, the mediator helps the parties identify the issues and remove barriers to communication, making it easier for them to reach an agreement.
Principles of the mediation
Five basic principles of mediation process are as follows:-
- Parties should participate voluntarily
- Confidentiality matters in the process
- Mediators are impartial
- An agreement has to be settled with the satisfaction of parties concerned
- Mediation is without prejudice to other procedures
Process of Mediation
In mediation, both parties and their advocates come together for joint sessions. The first meeting includes:
– Introducing all participants
– Explaining the mediation process
– Discussing important issues for settlement
– Allowing parties to share their views and terms
The mediator may also hold private sessions with each party to:
– Understand their needs and challenges
– Clarify strengths and weaknesses of their cases
– Help prioritize interests
– Explore settlement options confidentially
The mediator will spend necessary time with both sides to discuss all options. If they reach an agreement, it will be documented and submitted to the court for approval. If not, the case returns to the referring judge for a decision.
Benefits of the mediation process
To parties
Many people choose mediation over litigation for several reasons. It leads to faster resolutions, keeps discussions private, and is more affordable. Parties can work together to solve problems, helping to maintain their relationships. Mediation costs less because the mediator’s fees are lower than those of lawyers, and it can often be scheduled within weeks after deciding to mediate or receiving a court order.
To attorneys
Mediation is said to offer an opportunity to improve the case. The attorneys want to improve the financial status of their position. They can charge regularly on the mediation table rather than in the courtrooms as there may be a lack of services on the part of judges or other lawyers, even when the case is scheduled.
landmark decision by the Supreme Court was arrived at on 22nd Feb, 2013 in the case of B.S. Krishnamurthy v. B.S. Nagaraj, wherein it directed the Family Courts to strive to settle matrimonial disputes via mediation and to also introduce parties to mediation centres with consent of the parties, especially in matters concerning maintenance, child custody, and the lot.
In the case of Hussainara Khatoon & Ors v. State Of Bihar: The Supreme Court held that mediation is one of the best methods to get speedy justice to parties.
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What is mediation and its process
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What is mediation and its process
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What is mediation and its process
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