Mediation is a mode of dispute resolution, where an amicable decision arises with the help of a third party known as a 'mediator,' without recourse to the court of law. It is a voluntary process, and unlike arbitration, it is more flexible; therefore, the parties to the dispute are under no obligation to agree to the settlement. Thus, an agreement taken via mediation shall be binding upon the parties, only as long as they agree to it. There may be instances where parties are advised to adhere to Mediation, however, under such circumstances, the result is up to the parties. Therefore, Mediation is a process where the parties are in total control over their final settlement. Here, the mediator only acts as a facilitator and does not interfere in the decision of the dispute. Therefore, it is a win-win pact.
Advantages of mediation:
Parties have complete control over the settlement.
Less stress as compared to litigation and arbitration.
The relationship between the parties isn't overly damaged.
Mediation proceedings are confidential.
The process resolves the dispute quickly.
Disadvantages of mediation:
Since the decision is at the discretion of the parties, there is the possibility that a settlement between the parties may not arise.
It lacks the support of any judicial authority in its conduct.
The absence of formality- Mediation proceedings are lacking in any procedural formality since they are not based on any legal principle.
Negotiation is a method of dispute resolution whereby a dispute between two individuals or groups is settled amicably by an impartial third person called as a negotiator, using different techniques. The negotiator, in this form of resolution, uses various communication methods to bring the parties of the dispute to a settlement. The primary aim of this type of dispute resolution is to reach an agreement that is fair and acceptable by the parties. The parties engage in the dispute with each other until they reach a desirable outcome for all involved.
Advantages of Negotiation:
Flexibility: since negotiation is an informal process, it is relatively flexible.
Quick resolutions as compared to litigation.
It facilitates in maintaining a healthy relationship between the disputing parties.
Takes place in a private environment
Disadvantages of Negotiation:
The parties to the dispute may not come to a settlement.
Lack of legal protection of the parties to the conflict.
Imbalance of power between the parties is possible in negotiation. be revealed.
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.