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Mediation: Advantages and disadvantages
Mediation is one of the method of alternative dispute resolution where third party who is impartial and neutral towards both the parties and help them to resolve their disputes. Mediation is a specialised technique of alternative dispute resolution. Mediation is also a powerful Discovery tool. The roots of mediation can be traced way to the ancient time where the system of Panchayat prevailed. After a long journey of litigation, Parliament of India passed an act called arbitration and conciliation act in the year of 1996 and it was the first statute which introduced the concept of mediation in the legal system of India.
Section 30(1) of Arbitration and Conciliation act,1996: it encourages the party to explore the process of mediation. It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and with the agreement of the parties the arbitral Tribunal may use mediation, conciliation aur other procedure at any time during the arbitral proceedings to encourage the settlement.
It is also help in dissolving the child custody, maintenance,divorce cases,where third party Mediator who clarify the misunderstanding between the parties, parties sent to mediation centre.
Advantages of medaition: (1) Outside court system: In mediation process you are directly involve in negotiating your own agreement. It is not binding like the decision of the court. (2):Private - No public disclosure: as with the other types of alternative dispute resolution mediation is the private process and in this process you are in control of your own position. (3):Faster and cheaper the litigation: generally the cost is greatly low in comparison when the parties is going through the litigation. No settlement is imposed upon the parties. There is a possibility that parties established their positive relation again when the dispute resolved between the parties.
Disadvantages of Mediation:(1) in case when party reach in such a position where they totally refuse to negotiate, sometime it takes several mediation for the parties to reach some type of agreement which make mediation process and expensive method. (2) parties cannot be compelled to participate except when the court orders means enforcement of the court is required in some cases. Sometimes, there is also a need to establish a legal precedent which involve a complex process.
- Introduction
- Advantages and disadvantages of Mediation
- Conclusion
