Mediation is assisted negotiation. It is a consensual, confidential and party-centered process to amicably resolve disputes. Structured negotiation process will be followed by the mediator, trained in the specialized communication techniques.
M
Mindful of your future and relationships
E
Economical way to resolve your disputes. It is a cost-effective and time-saving dispute resolution option.
D
Dynamic
I
Interest Based
A
Adaptable
T
Total control in hands of parties over outcome, including settlement terms.
I
Innovative solutions are possible
O
Optional Process
N
Not based on legal rights
The prohibited legal cost and prolong delays in litigation results no winner situation. Both parties are losers.
Why litigate? When you can mediate to amicably resolve your dispute.
“Progress comes swiftly in mediation for those who try hardest, instead of deciding who was right and who was wrong.”
– Maharishi Patanjali.
Retired Supreme Court Judge Kurian Joseph said that nearly 50% of the civil cases pending before the apex court can be resolved through mediation and arbitration…
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- It does not require compromise by the parties.
- Mediator is not a judge nor an arbitrator nor evaluator nor advisor.
- Mediator can not impose his/her views or solution on the parties.
- Mediation can not pressure the party to offer or accept the particular option (settlement or terms of settlement).
“Mediation brings wisdom, lack of mediation leaves ignorance. Know well what leads you forward and what hold you back; choose that which leads to wisdom.”
– Lord Gautam Buddha.
Law of Mediation in India
The Industrial Dispute Act, 1947 recognized the concept of mediation by incorporating mechnism of resolving industrial disputes through concilaion proceedings.
In 1999, section 91 was inserted in the Civil Procedure Code, 1908, which enable the court to refer the pending cases for Mediation.
Now, under section 12A of the Commercial Court Act, 2015, it is mandatory for the parties to go for the per-institutional mediation to resolve their commercial dispute.
