‘Mediation’, as used in law, is a form of ‘alternate dispute resolution’ set to resolve disputes between two or more persons/parties with concrete effects. Typically, a third neutral party acts as the “mediator” (who has undergone rigorous training), facilitates the process and assists the parties to negotiate/reach a settlement/amicable resolution. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community, family matters, etc. In present times, several people are opting for this method of dispute resolution, be it for ‘petty disputes’ arising out of jest, heat of the moment etc. And also, for bigger ones. Mediation is an efficient and cost-effective way of achieving that result while preserving, and at times even enhancing, the relationship of the parties. The interesting part is that a majority of disputes/issues get resolved. The beginning witnesses’ people/parties sitting across the table and gradually sitting right next to each other…. AMAZING!!
The process is absolutely private and confidential. Participation is typically voluntary. A party to a mediation cannot be forced to accept an outcome that it does not like. Unlike an arbitrator or a judge, the mediator is not a decision-maker.
The mediator’s role is, rather, to assist the parties in reaching a settlement of the dispute. Even when the parties have agreed to submit a dispute to mediation, they are free to abandon the process at any time after the first meeting if they find that its continuation does not meet their interests. When the parties refer to their interests and engage in dialogue, mediation often results in a settlement that creates more value than would have been created if the underlying dispute had not occurred.
Because mediation is non-binding and confidential, it involves minimal risk for the parties and generates significant benefits. Indeed, one could say that, even when a settlement is not achieved, mediation never fails, as it causes the parties to define the facts and issues of the dispute. All of us must be aware, educate ourselves and others of this process and make use of it, in the event we find ourselves in a situation (God Forbid) of pending disputes. Very soon we would be organizing a session on ‘Mediation’, its process, the benefits/advantages, no disadvantages at all, etc., maybe in the month of May 2023. Hence, keep watching this space… don’t miss it!!
by Puja Jain (B-498 NFC) 9810627927: NFC RWA (Ashoka Park)
