The mechanism of mediation is famously known in the world of alternative dispute resolution. It involves negotiation among the disputing parties in the presence of an individual who is supposed to be neutral and judicial in his dealings with the case. An agreement or interim settlement comes out of the procedure.
Types of Mediation
- Private Mediation: the kind of mediation whereby the mediators are appointed by any individual who is in favour of a resolution by this means and the mediator's functions on a fixed-fee basis which they themselves decide
- Court Recommended Mediation: This kind of mediation is recommended by the court for dispute resolution under the provision of s.89 of the Code of Civil Procedure and often carries a mandatory performance clause.
Stages of Mediation
- Summoning the Mediation Process
The first stage of any mediation proceedings begins with this, whereby an agreement is made between the parties to opt for mediation. A mediator is appointed for the same. It includes the preparation for mediation. The concept and procedure of mediation are explained to the parties once a referral judge has passed the referral order to solidify the onset of mediation.
- Initiation of the Process
The mediator of the session begins by delivering his opening statement, mentioning his qualifications, and assuring parties of complete neutrality and confidentiality. The parties are asked whether they are fully aware of the processes and are also invited to share their doubts or needs without hesitation.
A mediation session would be pointless without setting an agenda, mainly because there would be a considerable ground open for the possibility of vagueness and drifting off from the primary subject matter without it. Here, the issues are laid down to clarify the purpose of the session and parties are asked to mention any additional facts that add to the point of the dispute.
- Discussion & Option Generation
The parties are given opportunities to discuss the matter once through the means of a joint session (which includes both parties) and personally with the mediator (in a private caucus session), both of which aim to ease the process and to reach an agreement that satisfies both parties. After that, the negotiation sessions result in the mediator’s remarks about the need of the hour, and they offer their recommendations and offers to satisfy the parties' needs.
Since the discussion sessions do not limit, the mediator has to offer his best recommendation to facilitate settlement among the parties where their terms and conditions are being fulfilled, and the solution is mutually accepted.
After the conclusion of the process, the parties reconvene one last time to confirm that their agreement and settlement have been entered into mutually. The mediator reaffirms the terms of said agreement before it obtains the nature of a binding contract and becomes enforceable in the court of law.
The procedure is simple, time and cost-efficient and is meant to work in favour of the parties. The primary basis of it is the neutrality& confidentiality of the mediator and mutual agreement between the parties. The mediation process is a successful one.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre shall not be responsible for any errors caused due to human error or otherwise.