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.