A CRITICAL ANALYSIS OF MEDIATION PROCESS
Mediation is considered as an important part of the legal system in order to resolve the disputes of the people of the nation. The developing countries are now trying to explore this mechanism of dispute resolution and making it more advance day by day. Mediation is a procedure in which one or more unbiased third parties engage for the dispute resolution with the consent of the parties to the dispute and the person who guides them in negotiating a unified and informed agreement.
Keeping in mind the pending clogged unheard cases in the courts of India and the year's long litigation process which undermines the presence of the justice delivery system in India. And considering all these circumstances Abraham Lincoln said: “Discourage litigation”. He also emphasized telling that convince your neighbors to compromise and explain to them how the nominal winner is often the real loser in expenses and sheer wastage of time.
In India which is a developing country, people often approach courts for the resolution of disputes and this opting of people for the litigation process over-burdens the courts and subsequently increases the number of pending cases which ultimately leads to dissatisfaction among the people of the nation for the judicial system. It is often said that “justice delayed is justice denied”. Mediation has various benefits such as it’s a cost-efficient process because it requires very little preparation, less complex, and formal. On the other hand, it is a time-saving process as the mediator only deals with the important issues and ignore the irrelevant ones. It is also recommended for sensitive relationships as it protects relationships as compared to court trials.
The mediation process is broadly classified into two types:
This is the process in which the mediator structures the process and guides the parties to reach a solution that is agreed by both the parties to a dispute. They don’t make recommendations but they facilitate the agreement so that both the parties to the dispute agree to the decision and mutually accept it.
This type of mediation is also termed as directive mediation in which the mediator gives formal recommendations to the disputing parties and helps them with the most accurate outcome to resolve their dispute through this type of alternative dispute resolution process. This process is created on settlement conferences and meets which are held by the judges. This method helps the parties to evaluate the weak points in their case and try applying what a judge would do. It is an option of the mediator of this mediation process whether to make a formal or informal recommendation to the parties to the dispute.