Mediation and Its Benefits
What is mediation?
Mediation is a process in which the parties discuss their dispute with the help of a third-party mediator. The two parties involved in the dispute sit down with a mediator, and discuss their dispute. The mediator’s job is to mediate, as the word suggests. Both the parties put forth their points, and via the mediator, they negotiate with each other. Effectively, the parties will come up with the resolution as the process of mediation goes forward.
A mediator is someone who has great negotiation skills, is a good listener, has knowledge about human behaviour and an articulate speaker as well. The mediator has no authority to provide a resolution to the dispute, they are merely a facilitator between the two parties. Mediators are usually experts in the field of the dispute, so they have information about the industry, and a clear idea about the dispute.
There are many reasons why mediation is more beneficial for parties over standard litigation. Some benefits of mediation are-
- Cost – The cost of mediation is way more affordable than standard litigation. The fees a mediator charges is quite low as compared to that of a lawyer, so the both the parties will save money if they decide to solve the case via mediation.
- Flexibility – Mediation can be done whenever both the parties are ready to. It is not bound to a single date, like in court. Rather, it can be done on a weekday, a weekend, in the morning, in the evening hence it is more comfortable for both the parties as they can choose a time mutually.
- Mutual Agreement – The parties resolve their own dispute as the case is mediated. The mediator merely acts a facilitator of that conversation, which ends up benefiting both the parties. Through mediation, the parties can understand the other parties’ problems and issues more clearly, hence it also builds a stronger relationship between the two in the future. Usually, in the end, the resolution is a win-win situation for both the parties.
- Time – The time required to resolve a dispute through mediation is quite less as compared to civil courts. It can take up to months or even years to resolve cases conventionally, but through mediation the time taken is reduced to a week or a few weeks at max.
Suitable cases for mediation are commercial transactions, worker compensation, employee contract dispute or any other disputes which aren’t very complex in nature. For more complex cases, arbitration is suitable. PrivateCourt offers all these services to you.
PrivateCourt is an entity which provides unbiased, balanced arbitration, mediation and negotiation services throughout India at a very affordable annual fee. It arbitrates via a third party, who specialize in the area of the dispute, and helps the clients reach a viable solution on amicable terms. All of these services can be availed from the comfort of your home and for a very affordable annual fee, which is quite insignificant when compared to the services provided by PrivateCourt.
Ankit works in a company as a software engineer. When he joined, he was guaranteed a raise within 6 months of joining the company. After over 8 months had passed, he confronted his boss but nothing came out of it. Ankit was helpless as he couldn’t approach the courts because he was aware of the condition of civil courts in our country. The company had a specialised legal team anyway, so taking them to court wouldn’t have been ideal anyway and Ankit would have lost money anyway. He decided to approach this case through Alternate Dispute Resolution (ADR) by choosing mediation. He approached PrivateCourt, and the company and Ankit mediated through an experienced mediator. The case was resolved in less than a week, and Ankit got his case. As it was done through mediation, the resolution was mutual, hence the company and Ankit are still on amicable terms and Ankit still works there. It was a win-win solution for both the parties.
Disputes can be solved sometimes by just sitting down with a mediator, and presenting your perspective to the other party. It doesn’t always have to be done through the tedious and long court proceedings. PrivateCourt is a pioneer in Alternate Dispute Resolution, and offers great services at really affordable fees.