Most of the time, people voluntarily choose mediation to resolve their legal issues, mutually making mediation in India a neutral and party-centric process. A third party, i.e, a mediator is appointed who acts impartially in directing the parties to resolve their issues amicably. Mediation employs structured negotiation and communication where people put forth their issues and solutions for them with the help of a mediator.
A mediator can be anyone chosen by the parties for an ADR Lawyer agreed upon by the parties. The mediator helps the parties reach a conclusion based on the terms agreed upon. As mediation is a voluntary process and the parties retain all the powers and rights, any party can withdraw from the mediation process at any time without giving any reason.
Mediation encourages the parties to participate in dispute resolution directly and actively whereby they explain the facts of the dispute, lay down options to resolve it, and also make a final decision through a settlement. The mediation process in India follows all general rules of evidence, examination, and cross-examination of witnesses. To understand the legal rights one has over the issue, they can discuss it with their ADR lawyer on how to put up their demands and negotiate with the other party.
One of the major benefits of mediation in India is that it is a completely private method of dispute resolution. Only the disputing parties and the mediator are involved in the process. This keeps the affairs of the parties private. A mediator is an independent and impartial third party who helps the parties in finding their own solution. Any statement made during the process of mediation cannot be disclosed in any civil proceedings or anywhere else without the prior written consent of the parties. The mediator works together with parties to facilitate the dispute resolution mediation process. The mediator does not adjudicate a dispute by imposing a decision on the parties. A mediator's role is both evaluative and facilitate. A mediator facilitates when he manages the interaction between the party, promotes and increases communication, manages outbursts an interruptions, and motivates them to arrive at an amicable settlement. Any information furnished by any party as well as any document during the mediation process cannot be used in any Court of law. A mediator cannot be called as a witness to testify in any court case and cannot disclose any information related to the proceedings.
Alternate dispute resolution processes such as mediation have been effectively used in matrimonial disputes and corporate affairs to find a prompt solution that is not only cost-effective and time-saving but also the privacy it offers. The process of mediation in India is flexible as it works by helping disputing parties to mutually resolve issues and also reducing the burden of pending cases in courts.
Mediation has been referred to as an easier and quicker process to get a resolution by courts at times.
This article does not intend to hurt the sentiments of any individual, community, sect, or religion, etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.