MEDIATION IN INDIA
Mediation is an age-old procedure of dispute resolution rehearsed since Vedic period. It is a low cost, keeping the issues, particularly family matters secret among three parties, two parties and the mediator. Also, the solution isn't forced on any party, it is a solution that both the parties consented to. It, in this manner gives an effective solution in a tranquil way.
Alternate Dispute Resolution method for settling the dispute is generally new pattern in India. The mediation procedure in India is not a recently created technique for dispute redressal, it is an age-old process since Vedic period. It is useful for both the sides - the courts are being somewhat less burdened with cases, and the parties are getting their issue settled rapidly with less problems and in a smoother way. In this manner, there has been made a significant situation for mediation in Indian Law.
The contrast between taking an issue to litigation and taking it for mediation process, is that in litigation, there is a blame game and the faults are to be demonstrated, depending that the Court will give the solution; and in Indian mediation, the issue gets settled through negotiation, where the solution is looked for with the assent of the parties in the wake of considering the demands of both the sides.
The alternate dispute resolution India comprise of following kinds of ADR in India -arbitration, conciliation, negotiation and mediation. Mediation in India is the most popular method among all the three procedures.
What is Mediation?
Mediation in India is a deliberate procedure where the contesting parties choose to commonly discover a solution for their legal issue by entering into an agreement and appointing a mediator. The decision-making power rests with the contesting parties, with the mediator acting as a buffer to bring them to a comprehension. The parties can recruit ADR legal counsellors to represent them before the mediator and clarify the situation in a professional way. The difference between arbitration and mediation are that arbitration is a more formal process than mediation. An arbitrator should be officially appointed either beforehand or at the time of need. A mediator can be anyone, of any designation, can be appointed officially or casually depends upon the desire of the parties. The mediation law in India has been made easy to use and entirely adaptable.
Mediation India are divided into two types which are generally followed:
- Court referred Mediation: The court may refer a pending case for mediation in India under Section 89 of the Code of Civil Procedure, 1908. This kind of mediation is often used in Matrimonial disputes, particularly divorce cases.
- Private Mediation: In Private Mediation, qualified personnel work as mediators on a fixed-expense premise. Anyone from courts, to the general population, to corporates as well as the government sector, can appoint mediators to resolve their dispute through mediation.
Effectiveness of Mediation:
On occasion, even the court referred mediation, as it is a simpler and quicker procedure to get a resolution. Specially the divorce mediation in India is most common technique for mediation. The mediation in divorce cases, property cases, family matters, help to hold the issue constrained to the parties just, and doesn't bring it before public, and reach to a solution maintaining the peace and harmony.