Conflict Management & Dispute Resolution through Mediation Are Fair And Long Lasting- A Better Alternative Dispute Resolution and Conflict Resolution Strategies
Mediation- Conflict Management & Dispute Resolution through Mediation
Mediation is a voluntary negotiation process that carries the consent of both parties where an impartial or neutral third party who becomes the mediator, manages the interaction and persuades the disputing parties to one another’s underlying needs and interests to such an extent that the disputed parties themselves devise a durable and feasible solution.
In recent years, mediation has developed a lot of interest for itself in the commercial world. The parties who have used mediation in the past years have gained high rates of success as the process of mediation gives an outcome that is acceptable to both sides.
Moreover, the nature of mediation is non-binding which means that the parties have no obligation to continue and have control over the mediation process.
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Role of Mediator-Conflict Management & Dispute Resolution through Mediation
The role of a mediator is just to assist the parties to reach a mutually agreed upon agreement rather than to judge or decide like that of an arbitrator or a judge.
In other words, Mediation is the resolution of disputes without approaching the courts. Mediation is an impartial, fair, cost-effective, and long-lasting outcomes-giver process for the resolution of a dispute.
Evolution of Mediation Concept- Conflict Management & Dispute Resolution through Mediation
The latter half of the 20th century observed the evolution of the concept of mediation; however, the concept of mediation can be traced back to our ancient legal systems-for example, Gram panchayats and Nyaya panchayats were popular in ancient rural India.
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Statute Introducing Mediation In India-Conflict Management & Dispute Resolution through Mediation
The first statute to introduce
the Indian legal system to mediation was the Arbitration and Conciliation Act,
of 1996. Then, by introducing sub-section (1) of Section 30 of the Act, it
encouraged the parties involved in the dispute to explore the option of
mediation and conciliation rather than go to court proceedings.
Nevertheless, due to a lack of proper enforcement of any specific rules of mediation, this provision promoting mediation has almost been rendered defunct.
However, Section 89 of the Code of Civil Procedure, 1908 rectified to a certain extent this problem with its introduction which was concerned with the exploration of the different methods of dispute resolution. Also, the notion of “judicial mediation” was first introduced in this section”.
Conflict Management & Dispute Resolution through Mediation Are Fair And Long Lasting
- The mediation process gives successful outcomes that are long-lasting because it is confidential in nature. This was held by the Supreme Court of India in 2011 where it stated that only an executed settlement agreement or alternatively a statement that the mediation proceedings were unsuccessful, should be provided to the court by the mediator.
- Also, In the landmark case regarding the demolition of the BabriMasjid, the Chief Justice of India had stepped into the matter himself as a mediator to bring the warring parties to a settlement.
- Various other recent Supreme Court judgments appear to the thinking that gradually, the courts develop an attitude in favor of the process of mediation. All this is due to the benefits and advantages that the mediation process contributes to the settling of a dispute.
- The mediation process provides the disputing parties with long-lasting outcomes as it provides them with means for societal and personal development. One can truly expect the existence of Substantive justice when the parties to a dispute solve it themselves.
- Moreover, the mediation process offers the advantage of being less costly and the parties do not have to visit courts. The main reason why the mediation process offers long-lasting outcomes is that it helps the disputing parties to maintain a positive relationship with the party in opposition which is of most importance in cases regarding family disputes.
Amicable Settlement- Conflict Management & Dispute Resolution through Mediation Are Fair And Long Lasting
Mediation provides a technique for obtaining speedy results so that the parties can move on with their lives and companies. Also, the parties are often happier with a decision that is mutually made rather than a decision by a third-party decision-maker.
Also, parties are more likely to adhere to their own agreed obligations than a third party’s intervention and orders. It can be termed as an instrument of social justice as it is the most cost-effective and undemanding choice available to the general public.
Also, the mediation process concludes with an amicable settlement. An amicable settlement occurs when an negotiation of any dispute is performed between two parties with the consensual agreement of both parties. The courts nowadays recommend that if the disputed parties can work and settle their disputes amicably in ways of mediation, then there would be no need of visiting the court that would cause in-general inconvenience to the parties in dispute.
How it is beneficial in keeping future relationships healthy-Conflict Management & Dispute Resolution through Mediation Are Fair And Long Lasting
Now, coming to the mediation process as an instrument for dispute resolution that also keeps the future relationships of the disputing parties healthy, mediation acts to resolve ongoing misunderstandings, false opinions formed in minds, etc. which cause the relationship to stutter by the means of a healthy discussion.
For a country like India which considers marriages and other social relations as sacraments, the parties to the dispute do not feel normal while arguing and debating about their personal matters, unsuccessful married life, broken expectations, and all other matters in front of the court.
While on the other hand where parties prefer mediation or conciliation over court proceedings, they are much more at ease to discuss their personal problems and listen to the other party’s arguments which is not possible in courts where the parties become defensive in front of the judge. This keeps the future relationship of the parties in a healthy condition as compared to the other mechanisms of solving a dispute.
Conclusion-Conflict Management & Dispute Resolution through Mediation Are Fair And Long Lasting
Concluding this article, I would like
to state that mediation is the best instrument or means to bring together two
disputing parties to clear up misunderstandings, address concerns and negotiate
a settlement. It provides the best way for an amicable settlement with a
consensual agreement of both parties while listening to the opinions and
collaborating with both parties to dispute and try to reach an agreement.
