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| Mediation And Its Steps |
What is Mediation and Steps Involved in Mediation
What is Mediation? - What is Mediation and Steps Involved in Mediation
Mediation is a part of Alternative Dispute Resolution (ADR) without going to court. It is a structured, collective, bilateral, and voluntary negotiation process where a third party is neutral and uses specialized communication and uses other techniques of negotiation to help solve the parties' dispute and in fulfilling their stated objective.
The neutral party completely focuses on the rights, needs, and
interests of the parties while resolving the dispute.
In many worlds, Mediation is also known as conciliation. This part is available to reduce the growth of litigation. In certain jurisdictions, Litigation work, length, and cost have been reduced since this part has come.
The growth of interest results also, from the
advantages of mediation, similarly, its appeal as a procedure that offers
parties full control to both the process to which there will be submitted the
dispute and the result of the process.
In certain cases, where mediation has
been used, the results are very high and disputes are acceptable to both parties. It happened because it is a completely unbiased procedure.
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Here some laws which govern the process of mediation that is:- What is Mediation and Steps Involved in Mediation
1) Industrial Dispute Act, 1947
2) In the Code of Civil Procedure ( CPC), Amendment was passed by the parliament in 1999. This Amendment was passed related to Section-89 of CPC which the court refers to ADR to settle the dispute of the parties. Under this section, Consent was made necessary of the parties and the court could refer cases for arbitration, or judicial settlement through Mediation or Lok Adalat.
3) Another amendment was there in CPC, in Section-5(f)(iii) that allows the court to refer the cases for mediation even when the parties are not ready for reference for mediation if there is an element of the settlement.
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Steps In Mediation - What is Mediation and Steps Involved in Mediation
1. Introduction And Opening Statement
The mediator must establish neutrality and impartiality. He must create awareness and help to understand the whole process.
The mediator must explain the whole procedure of mediation, the role of the
mediator and advantages of mediation, etc.
2. Gathering The Information By Mediator
After presenting, to the case parties their reasons for why the case has not been settled, the mediator may gather more information by asking unlimited questions to parties, as it is mandatory.
This thing is allowed for the bond which exists between the parties and
mediator so their needs and things have to be understood. This will allow for
the conclusion that the benefit both parties.
a) Joint Session: The mediator should invite parties to give details about the dispute. The mediator must encourage communication between the parties. In this session, the Mediator must find out the areas of agreement and disagreement between the parties.
b)Separate Session: A meeting session must conduct by the mediator to understand the whole dispute between the parties.
Parties open their minds freely in this meeting. The mediator must understand the position of the parties and the interest that they want.
3. Agenda And Generating Options:
• To build the agenda, firstly the
important points are written on the whiteboard or paper. It is important for
them is that important points will form the basis of the dialogue to follow.
• The important points must identify
the problems which common to both parties, in a neutral way to help and
guide the mediation toward mutual agreement.
• Explain the purpose of the agenda.
•Other mediators must read all important points again for confirmation and clarification.
• All points must be raised for
discussion which is noted on the whiteboard and it looks to assist from the
parties.
• Only important point is that all
parties agree to and are added to the list on board.
• The aim is to have one list of
issues that both parties are willing to discuss.
In this Agenda, the party’s role is to think about the agenda and provide information as appropriate to ensure it is a mutual agenda.
It is necessary to get many options as we can get on the whiteboard. All parties should be encouraged to make suggestions. It is a session of analyzing. All suggestions will have equal validity and should be written up without allowing the discussion.
The Mediator's Role is:- What is Mediation and Steps Involved in Mediation
One mediator explains the analyzing process outlining that in this exercise the parties are encouraged to
prepare a list of as many options as possible, without assessing them, thus allowing
for creative solutions to be suggested.
One mediator remains seated and
promotes the analyzing process.
The other mediator writes the
suggestions on the whiteboard. It is necessary that options are generated
by the parties only not the mediators.
The Parties Role is:- What is Mediation and Steps Involved in Mediation
Contribute options that meet the
interest based on both sides that is common and confidential.
4. The Mediation Settlement Agreement- What is Mediation and Steps Involved in Mediation
In a general sense, A mediated settlement is a type of contract which can be reached by the parties which resolve their disputes.
Mediation is a process in which the parties voluntarily decide to engage in a mediated settlement agreement that can be reached after mediation by both parties.
In simple words, a mediated settlement agreement the parties have decided mutually is reduced in writing. It is a document that binds the parties to bind and agreed to all the terms and conditions as a result of the mediation.
Finally, the mediation agreement will close when the statement will be closed. In this statement, once parties agree on the terms of the settlement, the mediator confirms the terms orally and after that, the agreement is reduced to writing.
The Agreement should be signed
by the parties and their counsel. At last, Mediator will attach his signature
on the agreement.
