In the present time, the courts are full of cases, and it is the main cause that your case may take lots of time to be solved by the courts. You need to wait for the final judgment in your case. But there is a fast remedy to solve your civil dispute which is called Alternative Dispute Resolution. There are mainly five types of alternative dispute resolution processes Mediation, Arbitration, Cconciliation, Negotiation and Lok Adalat.
In this article, we are going to learn about Mediation as a process to solve cases related to civil disputes.
What is Mediation?
Mediation is one of the kinds of Alternative Dispute Resolution which consists of a third neutral party who helps the other parties in dispute to solve the dispute outside the court. As per section 89 of the civil procedure code, the parties can settle their civil disputes outside the court if there is a case related to the settlement.
One of the primary goals of this process is to facilitate communication between parties, helping to understand each other and to find mutually beneficial solutions. Last year from January 2023 to December 2023, a total of 40525 cases were referred for mediation of which 15963 cases were settled by mediators.
Mediator in Mediation
The mediator is a third party in the dispute, and he is the neutral party which means he is neither a friend of any party nor takes the side of either party. The mediator neither settles the dispute between the parties nor passes judgment in that dispute. He just encourages the parties so that they may arrive at a point where they can settle the issue on their terms and conditions.
Steps for the Mediation Process
Preparation
In this step, you need to choose the mediator for your case. You can agree with the parties and have to share the relevant information with the mediator.
Opening session
The mediator will explain the process of the mediation and each party will present their side as per the process defined by the mediator.
Communication and negotiation
After listing both parties, the mediator will facilitate with his opinion identify the problem occurring in the dispute and explore the possible solutions for the dispute.
Sessions with parties
The mediator can have private meetings with each party to maintain confidentiality.
Agreement
After that, if the parties come to a mutual solution, then the mediator will draft an agreement in which both parties will sign this mediation agreement.
Types of Mediation
There are different types of mediation which can be used by the parties according to their need. These types are:
E-Mediation
In these types of mediation, the mediator helps the parties to provide the solution online where the parties are staying far away from each other or are not ready to meet each other physically. In such cases, the mediation arranges calls or video calls to resolve the matter by providing them with the chance to come to a mutual understanding.
Facilitative Mediation
In these types, the mediator tries to facilitate negotiation between parties in the dispute. He rather than making or recommending the solution from his side, tries to encourage the parties to reach their voluntary solution by knowing the needs of both parties.
Court-Mandated Mediation
When the court thinks that such a case can be solved outside the court and both parties are ready to solve their dispute speedily, the court may also forward the case to mediation. Such type is known as court-mandated mediation.
Evaluative Mediation
In this type of mediation, the mediator tries to recommend and suggest possible solutions to solve the dispute between the parties. He is the expert in that field so if the parties can listen to the recommendation given by him, the parties can solve the dispute speedily.
Transformative Mediation
In this type, the mediator helps the parties to understand the needs of both parties. With the help of this, the parties can solve the dispute by knowing each other’s needs and can keep their relationship much stronger.
Mediation in Different Cases
Mediation can be used for many cases like:
- Family disputes- The cases related to divorce, child custody or any other family relationships can be solved.
- Commercial disputes- Business disputes, contract disagreements, breach of contract, partnership etc.
- Workplace disputes- Employment issues, workplace harassment and labour and labour disputes.
- Community disputes- Conflict between communities or neighbourhood disputes.
The Benefits of Mediation
There are lots of benefits of solving the dispute with the help of mediation. The benefits of mediation are:
Cost-effective
Mediation is a very cost-effective process of resolving the dispute because you do not need to spend lots of money on litigation as spent in the courts which includes the fees of advocates, paper and documentation fees etc. You just need to find a place where the third party needs to talk with both parties and help them solve the problem.
Time-saving
It saves the time of parties by solving the problem in one- or two-time hearings. There is no need to stretch the dispute in case of mediation. You can even solve the problem within one day.
Confidentiality
While your court hearing is public and anyone can attend and hear the decision and proceedings of the court, the mediation process is different. There will be only disputed parties and one mediator. The mediator maintains the confidentiality of the case and does not talk with any other person. Even the court cannot force the mediator to testify the proceedings done during the process.
Control
The court provides the decision which is based on the judges but in the process of mediation, the decision depends upon the parties because they are the main subjects who can solve the dispute by arriving on mutual terms and conditions.
Strong relations
The dispute solved in this process depends upon the parties only and once the parties mutually come to solve the dispute and again start working together, it helps the parties to make their relation more strong.
Strong Support
A mediator is a person who is well-trained to solve the difficulties in any dispute. He acts as a neutral party throughout the process. He helps the parties to think about the possible solutions to solve a particular problem.
FAQs
What is mediation in the context of ADR?
It is a voluntary process given under ADR which helps to resolve the dispute between the parties outside the court with the help of the mediator who is the third party in the dispute.
How does mediation differ from arbitration?
It is a non-binding process where the third party called the mediator assists the parties in dispute to reach at a point to solve the dispute. The mediator has no authority give in law to impose the decision on the parties.
What are the benefits of choosing mediation over litigation?
Mediation is a very cost-effective and time-saving process. It maintains the confidentiality of the case and helps to protect the relationship between the parties.
Conclusion
Mediation is a process which can solve a dispute very easily and speedily. If a person wants to solve the dispute without going to court for the lengthy procedure, he can take the help of this process of ADR to solve his civil disputes.