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Analysis on Mediation!


Don't Hate; Mediate!!

So, Let's do an analysis with the process of Mediation!!

“Mediation is a dynamic, structured and an interactive process that helps impartial third parties to resolve disputes using specialized communication and negotiation methods. All mediation participants are encouraged to actively participate in this process from a neutral perspective and the mediator assists the parties to solve the dispute via negotiation process "

Some Pros and Cons of the process:

Pros:

  • This is a voluntary procedure. This can be approved or agreed, but the parties are not required to stay during the whole mediation process and they can leave at any time.
  • This is totally a secret procedure. This is useful for confidential information, as the mediator and the parties must maintain the confidentiality of almost everything that they say during mediation. Statements made during mediation cannot be used in the process, encouraging open and open discussion.
  • Issues of adaptability. Parties can choose a mediator and find a mediator in a style that suits their needs. The parties can stay in the same meeting during the mediation or meet separately with the mediator for added privacy. The second process of visiting separately is more accepted than the first process.Parties can choose to arbitrate at almost any stage of the process before the complaint is filed or after it has been made public for several months.
  • The only boundary is if the parties do a settlement and sign a contract.
  • Mediation is a solution of creativity. Since the decision of the court is not made by arbitration, the parties can decide the outcome of the case as needed. Solutions may include, but are not limited to, delayed payments, job recovery, exchange of services, preparation for better communication, apologies, etc.
  • Always keep in touch with your dispute when you are solving it via mediation. When parties tend to work together again, be friends again, and be neighbors again, mediation provides an opportunity to discuss issues in a less complex atmosphere than in court.
  • When it is the time to the end point of the contract. The parties are ready to fulfill the contract if they understand the reason for the demand of mediation and can fulfill it. Many court decisions are not paid because the losing party believes the outcome is unfair or lacks the means of payment.So Mediation process is far better than Public Procedure.
  • Appraisal of the process where the parties can get a more realistic view of the case than if they started the proceedings in right away.
  • When you get a chance to hear the facts and are able to hear the facts from your opponent parties. Oftentimes, people or the parties want to be able to listen to the other person and explain why they think that they are hurting them. This may be easier to resolve if the other party understands why the case was raised and is able to explain their point of view:the prime motto of Mediation.


Cons:

  • It is not as expensive as a trial in mediation, but sometimes it can be very expensive.
  • There is no single standard for certification of moderators. This means that some moderators may be more experienced and educated than others. Since the outcome of the mediation is confidential, it is difficult to determine what the mediator did and what did not.
  • One or more parties may not fully understand what mediation is and may not be fully involved in the process. Likewise, a malicious party may postpone litigation or can go to arbitration to prove something .
  • Disproportionate negotiations are possible especially if the mediator is unable to resolve the discrepancy . However, similar or more frequent imbalances can occur during the trial process of Mediation.
  • The parties may feel that they need to calm down, even if they don't like the terms or statement. Some large companies often settle small matters, but usually win the process of litigation.
  • The delay only happens in Mediation when. one of the parties is not fully involved in the mediation, or if the mediation is planned too long after the start of the trial, then the parties may invest too much time for a long period in the case and do not want to “give up”. As a result, another party may feel that the arbitration has caused undue delay and expense in reaching the final result.

So,after the long discussion of the 9 pros and 6 cons of the Mediation Process. It is clear that the MEDIATION is the best SOLUTION in any kind of Civil Dispute.

“An ounce of mediation is worth a pound of arbitration and a ton of litigation!” as said by Joseph Grynbaum.

“Mediation services are a major part of the Government's commitment to encourage the use of Alternative Dispute Resolution to reduce the pressure in the courts. This book highlights the advantages of mediation - not only that it saves lengthy and costly legal proceedings in the civil courts, but also that it has a crucial role in the community in general. The authors have clearly demonstrated that, through an understanding of the nature of conflict, and by preventing disputes multiplying or escalating, mediation can be a valuable tool in promoting social cohesion as said by Freddie Stresser,Paul Randolph in

"A Psychological Insight into Conflict Resolution".

  • As per my view on the topic of Mediation from a psychological perspective I must say that Mediation is a solution which can give you a little bit more mental satisfaction than a Public Court Procedure.
  • The satisfaction in Mediation process comes to us in two ways:

    a. It takes less time in the Mediation process.So you can get your justice in a quick method,it can be a mental happiness for a party who is struggling with a dispute.
    b.Money is the ultimatum.So,less amount of expense in the mediation process makes a man (or a party) satisfied from a psychological perspective because the mediation process takes less amount of expense.

      Let's talk about the statistics on the Success rate of Mediation in India:

      According to an article of The Hindu( Article name: Mediation; an overlooked way to access Justice)
      Posted on 17the Dec,2018
      Place: Gurugram; New Delhi.

      "...Rameshwar, a retired government official, is a happy man. His daughter’s long-standing matrimonial dispute was resolved in the first sitting itself at the mediation centre. Since his son-in-law’s family was unwilling to involve their relatives to sort out their differences for fear of social ignominy, Mr. Rameshwar approached the police, who advised him to go for judicial mediation through trained mediators. And it worked.

      Lawyer Pavitra Yadav, who acted as a mediator for the young couple, asserted that the mediator’s job was to be a “facilitator” and that a solution could be reached only when both parties mutually consented to the terms of the agreement…."
      The above portion which I am putting as evidence from the newspaper 'The Hindu' which must help you to grow your interest in the process named Mediation.
      So, the quoted portion is indicating that the initiative taken by our Indian Government in 2019 can be a successful one within a few years.
      Many organizations and Dispute Resolving Centers are trying hard if the initiative can be a successful reality within a few years. PrivateCourt is one of them and PrivateCourt, an entity which provides a nationwide mediation,arbitration and negotiation service.

      So,it's not too far, when INDIA WILL ACT LIKE AN ARBITRATION HUB!!



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