Mediation is one of the 5 methods of Alternative Dispute Resolution (ADR) in India within the purview of S,89 of CPC, 1908. Our society is well acquainted with the traditional method of hearing and settling disputes, either through Courts or similar resolution mechanisms. Most of us are not well acquainted with the process of Mediation or the other methods of dispute resolution methods available.
Owing to its flexibility and informal way of settling disputes, in contrast to the time-consuming and expensive procedures prevalent in the traditional Court system, it becomes essential for the masses to be aware of ADR, The ADR mechanism proves to be a great aid to the Courts by ensuring speedy disposal of cases as stagnation of cases has become a major problem in the Judicial system.
Mediation is much welcomed by the Courts itself, as it has many unique advantages when
compared to the other methods of ADR. Black's Law Dictionary has defined Mediation as “A
method of non- binding dispute resolution involving a neutral third party who tries to help the disputing parties to reach a mutually agreeable solution.”
Notable provisions of law have been included to effectuate mediation primarily, viz., Section 30 of the Arbitration and Conciliation Act, 1996 and Section 89 of the Civil Procedural Code,
1908.
Certain characteristics make Mediation advantageous and more preferable than the other
methods of ADR, some of which are:
1. Simple : It is less formal and much simpler than the traditional Court process and
arbitration wherein several procedures need to be complied with.
2. Economical : The traditional Court system involves high costs and expenses which need
to be incurred from time to time. In this scenario, mediation provides a way for the
parties to settle their disputes inexpensively.
3. Swift : Since mediation is characterized by simple procedures, unnecessary delay is
prevented in the process of settling disputes, unlike Court process and arbitration which
are time consuming.
4. Preserves relationships : Relationships between parties are preserved in mediation as
the mediator helps them to arrive at a settlement for their dispute wherein both the parties
are satisfied or are at the least brought into agreeable terms. Thus, compared with the
Court system where there is necessarily a win/lose situation, and also arbitration, wherein
an award is passed in favour of one party over the interest of the other, this method of
ADR proves to be a conserver of relationships.
5. Confidentiality : Opposed to Court proceedings which are held in public, mediation is
private and hence paves the way for confidentiality.
6. Better scope for compliance : Since it is the parties themselves who come up with the
terms of settlement, there is a greater chance of abiding with the same.
7. Control : In mediation, the parties play the key role as it is they who need to come up
with the terms of settlement and the role of the mediator is to just facilitate the arrival of
the terms of settlement by aiding the parties.
Therefore, the sole objective of mediation is to help the disputing parties to arrive at a settlement, which is achieved with the help of a neutral person/mediator.
Comments