Mediation is a procedure designed to resolve disputes through agreement, i.e., through the mutual consent of the parties. It facilitates discussion between the parties with the objective of reaching an agreement/memorandum of understanding amongst them. Mediation relies upon the consent of the parties. It is one of the most popular methods of alternative dispute resolution. A successful mediation is dependent upon two inter-related factors: The willingness of the parties to resolve their dispute; and the skill of the mediator in guiding the parties to the point where agreement is possible.
WHAT ARE THE BENEFITS OF MEDIATION ?
Saves money - Saves time - Saves relations
In the Supreme Court, the Mediation Centre is functioning since 06.08.2009. It has a panel of 40 trained mediators to settle cases referred to the Centre by the Hon'ble Supreme Court. Mediation is an alternative dispute resolution mechanism, which has the following benefits :-
1. Fast and saves time : The process of mediation is fast and saves time as compared to fighting a litigation in the regular court. Once mediation begins, the mediator can concentrate on those issues, he or she perceives as important to bring the parties to an agreement, thereby making the best use of the party's time and resources.
2. Saves money : Mediation generally requires less preparation and is less formal than trial in the regular court. It is less expensive than other forms of dispute resolution. If the mediation does not appear to be headed in a successful direction, it can be terminated and the matter is referred to Hon'ble Court. Process of mediation in Supreme Court Mediation Centre is absolutely free of cost and parties do not have to pay anything for mediation.
3. Saves relations : The mediation brings parties together and saves relations. Parties often form an opinion about the dispute and hold the other party guilty for the cause of dispute. In mediation, both the parties sit together and resolve their disputes amicably, and peacefully better understanding of the problems through the Mediator.
4. Convenient : The parties can control the time, location, and duration of the proceedings to a significant extent.
5. Confidential : What is said during a mediation can be kept confidential. Parties wishing to avoid the glare of publicity can use mediation to keep their disputes low-key and private. Statements made to the mediator cannot be used for any purpose other than to assist the mediator in working out a resolution to the dispute.
Mediation is a valuable dispute resolution tool because the means of reaching an agreement can be as varied as the disputes that need to be resolved. Mediation procedures can be tailored to a variety of factors: the personality of the mediator; the nature of the dispute; the time or resources available; and the antagonism between the parties. The procedure can thus minimize contentiousness, cost, and resources. If it is unsuccessful, the parties can always resort to the courts or other means of dispute resolution. In short, mediation is a valuable weapon against delay and cost.