The dominant forum where parties take their disputes for resolution is the court, but the mounting arrears within the courts , inordinate delays has made dispute resolution in Indian a tiring process. In the Adversary system of justice which we've in India, time, to an excellent extent is consumed over procedural wrangles, technicalities of law and inability on the part of an outsized number of litigants to interact lawyers who are well versed in law.
In its 14th report, the Law Commission refers to plan ways and means to understand that Justice is straightforward, speedy, cheap, effective and substantial.
Mediation is a casual, but a structured settlement procedure. A mediator is appointed to facilitate and assist parties in reaching an amicable dispute settlement.
Following are the advantages of Mediation:
- Fast: because the amount of time necessary for the parties and therefore the Mediator to organize for the mediation is significantly way less as that needed for trial or arbitration, a mediation of dispute can occur relatively early. Moreover, once mediation begins, the Mediator can consider those issues he or she perceives as important to bring the parties to agreement; time consuming evidence are often avoided, thereby making finest use of the parties' time and resources. Even if the whole evidence gathering has already occurred, it almost invariably takes less time to mediate a dispute than to undertake it during a court.
- Flexible: There exists no set formula for mediation. Different Mediators employ different styles. Procedures are often modified to satisfy the requirements of a specific case. Mediation can occur even during trial or before any formal legal proceedings begin.
- Cost Efficient: Because mediation generally requires less preparation, is very less formal than trial or arbitration, and may occur at an early stage of the dispute, it's always less costly than other sorts of dispute resolution.
- Brings Parties Together: Parties can save and sometimes rebuild their relationship like during a family dispute or commercial dispute.
- Convenient: The parties can control the time, location, and duration of the proceedings to large extent. Scheduling isn't subject to the convenience of courts.
- Creative: Resolutions that aren't possible through arbitration or judicial determination could also be achieved. A fine Mediator makes the parties recognize solutions that might not be apparent – and not available - during the normal dispute resolution process. The limit on creative solutions is about only by the variability of disputes a Mediator may encounter.
- Confidential: what's said during mediation are often kept confidential. Parties wishing to avoid the glare of publicity can use mediation to stay their disputes low-key and personal. Statements are often made to the Mediator that can't be used for any purpose aside from helping the Mediator in understanding a resolution to the dispute. Confidentiality encourages candour, and candour is more likely to end in resolution.
- Control: The parties control the result of the mediation and either party has the advantage of terminating the mediation, if it's felt that it's not within the interest of the said party.
- Direct Communication: During mediation, there's party to party direct communication.At least the parties have the realisation of being heard by the Mediators if the parties or either of them is being represented by an advocate.
The main characteristics of mediation are that it provides; a voluntary, non-binding, confidential and interest-based procedure. Parties are liberal to terminate mediation at any time after the primary meeting. No decisions are often imposed on the parties involved, and that they may or might not agree upon a negotiated settlement. The confidentiality principle assures that any options the parties discuss won't have consequences beyond the mediation process.