Mediation



Mediation is one of the Alternative Dispute Resolution Methods contemplated under Section 89 of the Code of Civil Procedure as amended by the Parliament. Mediation is a process in which a neutral third party assists the disputing parties to creatively resolve their dispute without going to trial. Mediation presents a unique opportunity for dispute resolution with the involvement and participation of all the parties and their advocates. A neutral third party called "mediator" uses special negotiation skills and communication techniques to help litigants bridge their differences and find a solution to their dispute. Mediation always leaves the decision making power with the parties. A Mediator does not decide what is fair or right, apportion blame or predict the outcome in court. Rather, a mediator acts as a catalyst to bring the two disputing parties together by defining issues and eliminating obstacles for communication and settlement.

Mediation is:

» Voluntary

» Confidential - only you decide what information maybe shared with the other party or court 

» If necessary, a mediator may meet each disputing party in private sessions. Private sessions offer opportunities to Help the mediator understand the needs of each participant and the obstacles to settlement, Explain to the party the strengths and weaknesses of his case, Assist parties to prioritise their interests in the dispute.

» Explore confidentially with each side the possibilities of various settlement options.

» The mediator will spend as much time as necessary with the participants (jointly and privately) to explore all options of settlement.

» If the parties do reach a settlement, the terms will be written, signed and submitted to the court. If not, the case will be returned to the referring judge for adjudication.