MEDIATION IN ADR by ANJU ESTHER BALAKRISHNAN at LEXCLIQ.

”Discourage litigation. Persuade your neighbors to compromise where you can. Point out them how the nominal winner is often the real loser – in fees, expenses and waste of time. -Abraham Lincon”

ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolution (ADR) is a consequence of all of the issues that the public faces in the courtroom on a regular basis. It functions as a replacement for the conventional way of settling disputes and administering justice. In contrast to litigation, an ADR process focuses on providing justice via mutual consent of the parties in the shortest amount of time possible. Arbitration, conciliation, mediation, and negotiation are four procedures recognized by an ADR framework for resolving any issue. The ADR mechanism is an alternative for the general public who do not want to use the traditional approach or who want to resolve their dispute without the involvement of the courts.

MEDIATION 

Mediation is a procedure in which disputing parties use the help of a neutral third party to mediate their disagreements. It is a non–binding method in which a neutral third party, the mediator, aids the disputants in achieving a mutually agreeable and agreed-upon settlement.

PRINCIPLES OF MEDIATION

  • Parties should participate voluntarily: No one should be forced to mediate; it should be up to the parties to determine whether they wish to meditate or go to court. The parties are free to participate in the mediation process. It will be more fruitful in the future.
  • Confidentiality matters in the process: The mediator must not reveal any confidential information within the mediation unless they are granted permission to do so. Unless there is a criminal purpose or act involving self- or other-harm.
  • Mediators are impartial: The mediator must be objective and unbiased in his or her actions. They should adhere to all mediation guidelines and solely evaluate procedural issues. They should not make any comments, value judgments, or provide advice or solutions. The parties should recognize a mediator’s impartiality as a person who is truly committed to settling the disagreement and who supports both sides in the conflict, finding solutions that will please both sides.
  • Mediation is without prejudice to other procedures: Individuals must have the option of resorting to alternative methods in mind. If mediation is viewed as a forced technique or one that takes away an individual’s rights, it will limit creativity and raise the likelihood of resistance.

BENEFITS OF MEDIATION

Informality: In mediation, the mediator does not force a judgement on the parties, even though court rules or legal precedents are used. In contrast to confrontational forums, the mediator assists in maintaining a business-like attitude to conflict resolution. In mediation, there are no predetermined outcomes. Parties can search for creative methods to settle issues, and the solution is ultimately up to the parties.

Privacy and confidentiality: The mediation is held in a private location, such as a conference room of one of the Arbitration Associations. Mediation does not have to be made public. The secrecy of the information is protected.

Time and cost savings: The average duration of meditation is one day. Due to highly technical issues and/or many parties, complex problems may take longer. Mediation generally saves a lot of money because it avoids the formalities that come with litigation.

Control: Parties have the ability to choose whether or not to participate in mediation. At any time throughout the mediation process, a party might elect to withdraw from the process. Mediators assist parties in maintaining control over the negotiating process.

CONCLUSION

Mediation is a non-binding, voluntary procedure in which a neutral and unbiased mediator assists conflicting parties in reaching an agreement. As a result, a mediator does not enforce a solution but rather provides an atmosphere in which conflicting parties can resolve their differences.

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