Alternative Dispute Resolution (ADR) is a procedure for settling disputes without litigation. The different types of ADR proceedings are Arbitration, Conciliation, Mediation, and Negotiation. The General perception is that litigation is costly, time-consuming, and full of complications. ADR aims to provide the parties with the cheap, speedy, and less formalistic remedy to the aggrieved party. It aims at providing a remedy that is most appropriate in the circumstances of the case.
Mediation is a process in which the parties to dispute appoint a third independent person as a mediator who facilitates the resolution of a dispute between the parties through his negotiation and communication skills. In the mediation process, the mediator only facilitates the communication between the parties but his decision is neither final nor binding on the parties to dispute. The Mediation process gives the parties to the dispute to reach a conflict-free solution by themselves. A mediator is appointed just to assist, guide, and facilitate the mediation between them. He has no control or power on the outcome of the mediation.
The disputes may involve parties states, organizations, communities, individuals, or other representatives with a vested interest in the outcome. Mediators use appropriate techniques and skills to open improve the situation between disputants, aiming to help the parties reach an agreement on the disputed matter.
Types of Mediation
- Private Mediation
In this mediation, parties appoint the private mediator for resolving the dispute which has not reached the Court yet.
Also Read: Problems with Arbitration Process
- Court referred Mediation
If the Court thinks fit, it transfers the cases which are pending to the mediation proceedings as per section 89 of the Code of Civil Procedure, 1908.
- Mediation is important because it keeps the procedure confidential between the parties and the mediator only. In this way, it does not affect the reputation of a person or organization.
- It is a cheap and speedy remedy.
- Aims to solve the dispute through mutual benefitted discussions.
- It is a voluntary proceeding. Whenever parties feel they are not heading towards any decision, then they can stop the action at any stage.
- It is a less formal process than Arbitration. In arbitration, an arbitrator needs to be formally appointed either beforehand or at the time of need. A mediator can be anyone, of any designation, can be appointed formally, or casually depends on the wish of the parties.
- There is no hard and fast rule applicable to the proceedings of Mediation because its process is flexible.
One of the most important things which need to be kept in mind is that the parties should be in a state to solve the issues that are there between them. If a party does not want to solve the case and only wants to harass or annoy the other party, then the process of mediation becomes difficult. The directions of the mediator are also not binding on parties. Moreover, parties either can accept the decision of the mediator or can deny it.
Mediation acts as a great source for solving the case rapidly. Family matters take a lot of time to get resolved and they are personal. Meditation acts as a great source for decreasing the number of cases pending in Courts. The Process of Mediation in India is confidential. Moreover, an admission made during mediation can’t apply in any other court case. The mediator cannot disclose the information from one party to another party. The mediator can’t be a witness to testify in any court case. Moreover, the mediator cannot disclose any information related to the proceedings. In conclusion, it can be said that it is one of the best ways to solve the issues confidentially, expeditiously, and in a non-expensive manner.