Mediation Meaning – Mediation Process with Mediator
What is Mediation
Mediation is one among the choice of alternative dispute resolutions (ADR). Mediation first came to be legally recognized as a method of dispute resolution in the Industrial Disputes Act, 1947. Mediation may be a process which is under the control of the parties. The mediator acts as a middle one that helps to return on a negotiated common point of their dispute. they’re trained professionals or sometimes attorneys who assist the parties at issue to satisfy at a standard place where they will discuss their issues and may attempt to negotiate to succeed in at a standard output. A mediator uses special quite conversation and communication to resolve the parties dispute.
The parties can appoint the mediators themselves with mutual consent or the court may appoint the arbitrators in pending litigation. In Mediation, the parties are the choice makers. Mediators don’t decide what’s right or wrong or what’s fair or unfair. Mediator can’t impose his opinion upon the parties but he can suggest and help the parties to succeed in a mutual accepted agreement. Mediators may hold joint meetings or can meet with the disputed parties together or separately and may suggest some possible solutions, provide options to compromise, or provide advice and guidance but they can’t impose their opinion or attempt to solve the dispute forcefully. In mediation, both parties are liable for reaching the result. The role of the parties in mediation isn’t to convince the mediator but to return up with a standard solution which is suitable by both the parties.
Mediation is an off-the-cuff method of settling disputes, while it consists of basic rules or procedures. the choice of the mediation is non-binding upon the parties. If the disputed parties have agreed for the method of mediation then it’s not binding upon them to agree upon the proposed opinion of the Mediator. The mediator can suggest, give opinions and may tell what to try to or what not but he can’t force the parties to attend the mediation if they’re not interested to continue.
What is a Mediator ?
Mediators will charge at hourly rates, which may vary according to the circumstances of the case and the qualifications of the Mediator. The rate will be advised by the Mediator and agreed with the parties prior to the appointment of the Mediator and will generally be at an hourly rate.
Role of the Mediator
The mediator won’t decide the outcome of the case. The mediator’s job is to help the disputants resolve the problem through a process that encourages each side to:
- Air disputes
- Identify the strengths and weaknesses of their case
- Understand that accepting less than expected is the hallmark of a fair settlement, and
- Agree on a satisfactory solution.
The primary goal is for all parties to work out a solution they can live with and trust. Because the mediator has no authority to impose a decision, nothing will be decided unless both parties agree to it. The process focuses on solving problems in an economical manner for instance, taking into account the cost of litigation rather than uncovering the truth or imposing legal rules.
Types of Mediations in India
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 type of mediation is frequently used in Matrimonial disputes, particularly divorce cases.
In Private Mediation, qualified personnel work as mediators on a fixed-fee basis. Anyone from courts, to the general public, to corporates as well as the government sector, can appoint mediators to resolve their dispute through mediation.
- Convening the Mediation Process
- Initiation of the Mediation Process
- Setting the Agenda
- Facilitation of Negotiation and Generation of Options
- Reaching a Settlement
Benefits of Mediation
Mutually Satisfactory Results.
Greater Degree of Party Control
Support by mediator
Conducive to dispute resolution
Mediation Vs Arbitration
The both parties are splitting the cost of one professional. That is considerably less expensive than each party paying for his or her own lawyer in a lawsuit. As well, both the mediation and arbitration processes are generally outside the realm of the courtroom. Arbitration, however, is generally more costly than mediation and may involve some of the same expenses as going to court, such as:
- Many meetings with your lawyer/ advocate
- Getting your story and position down in affidavit form,
- Reviewing and putting together disclosure materials such as financial documents, letters and correspondence from each party and from third parties,
- Drafting the originating process, or application,
- Research for the relevant legal issues, and
- Drafting, serving and filing information statements for the arbitrator in addition to the pleadings.
- In arbitration, the parties pay their respective lawyer for all these procedures.
- Challenging a Mediation Agreement
A successful mediation results in a negotiated agreement that takes the place of a contract between the parties. The parties cannot track any litigation for the fundamental of dispute if they are dissatisfied with the settlement reached as it would amount to a breach of the contract. Still, if the parties wish to dispute the agreement, they can bring an action in court challenging the validity of the agreement based on principles of contract law, and not on the basis of the underlying dispute.
Mediation Meaning In Hindi – मध्यस्थता | Mediation Meaning In Punjabi – ਵਿਚੋਲਗੀ
Mediation Meaning In Tamil – மத்தியஸ்தம் | Mediation Meaning In Telugu – మధ్యవర్తిత్వం
Mediation Meaning In Urdu – ثالثی | Mediation Meaning In Marathi – मध्यस्थी
The Fee will be advised by the Mediator and agreed with the parties prior to the appointment of the Mediator and will generally be at an hourly rate and it varies based on the case and other factors.