Mediation

Overview

What is Mediation ?

 

Mediation is one of the Alternative Dispute Resolution Methods contemplated under Section 89 of the Code of Civil Procedure enacted by the Parliament. Mediation is a process in which a neutral third party assists the disputing parties to creatively resolve their disputes 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 or apportion blame. 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 helps remove Friction

Court Encourages Mediation

Mediation for Lasting Relations

Mediation for Unsinkable Solutions

 

Benefits of mediation

• Disputes can be dealt with promptly.
• It provides an opportunity to address the situation before the problem accelerate.
• Parties control the outcome of the dispute. It provides a win win situation for both the parties as they play an important role in formulating the terms of the settlement.
• Improves relationship between disputing parties.
• Creates a forum where disputes and issues can be heard and addressed by the parties with the help of a neutral third party.
• It saves money as the disputes are promptly settled or if not settled are referred back to the court immediately.

 

Mediation is

• Voluntary
• Confidential - only you decide what information may be shared with the other party or the court
• Transparent - there are no surprises in mediation
• Time and cost efficient
• Informal - focusing on the parties' interests rather than the rules of procedure and evidence
• Flexible - enabling the parties to resolve the dispute by themselves

 

Why Mediate

Mediation is a professional service the Mediator are trained to resolve issues and break dead locks. Mediation helps resolve differences between the parties and find a midway solution to which both parties agree. Since Mediation involves providing a solution to which both parties agree and is also within the boundaries of law the settlements and agreements are lasting. And hence Mediation is service which can bring relief to long aggrieved people from various kinds of disputes.

 

 

Incentives to Mediators: 

         In terms of recommendations of Mediation & Conciliation Committee, Hon'ble Rules Committee and Hon'ble Full Court has amended Rule 25(1) of Mediation & Conciliation Rules, 2003 as under:-
The remuneration/fee to be paid to the mediator shall be Rs. 10,000/- for each successful mediation and Rs 3000/- for each failed mediation.”

The Court may, however, in its discretion fix a higher fee in either case.”

           The Hon'ble Mediation & Conciliation Committee has further decided that the Advocate-Mediators working in the District Mediation Centres in the States of Punjab, Haryana and District Courts, Chandigarh, be paid honorarium @ Rs 2500/- per successful Mediation.

In order to encourage Judicial Officers, the Punjab & Haryana High Court has decided that where a case successfully ends in Mediation and the Mediator is a Judicial Officer, he shall earn half of the Units/Points prescribed for disposal of that case and the remaining half units shall be credited to the account of Referral Court.