Mediation in Motor Accident Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
AUTHOR: HANS RATHI
What is Motor Accident Mediation? Mediation in Motor Accident Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
With the rapidly increasing population, the amount of people possessing motor vehicles is also increasing day by day leading to an increase in accidents of motor vehicles to a large number.
A way to resolve the conflicts resulting from such accidents can be through approaching the court, however, after observing the current circumstances and the overloaded burden of other cases on the Indian Judiciary, it would be unreasonable for a normal person to think about going to the courts for the settlement of the dispute caused by motor accident.
These accidents also can be solved through other ways among which mediation emerges as the best solution to a dispute caused by some motor accident.
Motor Accident Mediation refers to a variety of alternative dispute resolutions where settlements are made among the parties to a motor accident. Mediation emerges as the best option among all because it involves the consent of all parties and forces none.
In this blog, we will further discuss and understand the mechanisms involved in the process of motor accident mediation, the role of mediation in such matters, the importance of the Motor Accident Mediation Cell, and the benefits and challenges faced during the mediation process.
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Mechanisms involved to resolve Motor Accident Matters. Mediation in Motor Accident Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
To understand the role of mediation in matters of a motor accident, we will first understand the mechanisms involved in the process.
Usually, mediation begins with the settlement of pre-settlement matters such as the agreement that statements made during mediation would not be admissible in court.
This first step ensures that the parties are participating in the mediation process without any fear of facing the statements in court. It counts as a step of maintaining the consent free of both parties.
Now, as the free consent of both parties is ensured, the process proceeds to hear the appellant’s side and understand the intention as well as wants of the petitioner.
Similarly, the process then proceeds to hear the defendant’s side and their reasons as well as logic. After hearing the arguments from both sides, the process comes to a settlement through a variety of ways- either the mediator listens and comes to a conclusion, both parties listen to each other and agree on a settlement or the mediator acts as an agent and provides suggestions and tips to both the parties and come to a settlement.
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Role of Mediation in Motor Accident Matters and its Benefits- Mediation in Motor Accident Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
Mediation plays a very significant role in matters of motor accidents. As discussed in the above paragraphs, the first role that mediation plays is of saving time in the resolution of disputes involving motor accident mediation.
One can imagine and analyze how long it would take to resolve a matter of motor accident through involving of courts. The process of Mediation makes it flexible for the parties to come to an agreement that would prevent any further rise of the conflict.
The process of Mediation allows the parties to invent creative solutions for the ongoing matter of motor accidents and agree upon a settlement by facilitating negotiations. Mainly, mediation should be preferred as the best option because it involves and ensures the free consent of both parties and prevents any kind of malpractice.
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Private Mediation in Motor Accident Matters- Mediation in Motor Accident Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
A situation where the parties to the dispute mutually agree to appoint a third-neutral party as a mediator is known as private mediation. This type of mediation would greatly contribute to the matter of disputes in motor accidents as this would promote fairness in the process and prevent any biasness of the mediator towards any side or any party.
What is a Motor Accident Mediation Cell? Mediation in Motor Accident Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
To ensure the effective delivery of justice in the process of mediation in the matters of disputes in motor accidents, there was a great need to establish an institution that would ensure the same.
Thus, the Motor Accident Mediation Cell was created for the reason of speedy settlement of such conflicts and to ensure speedy compensation to the victim or the family to prevent the endless delays generally faced by the victims.
Also, the institution was created with the intention to reduce the costs incurred by both parties while going to court. The institution also ensures the awarding of compensation is done with a reasonable amount so that the victim does not have to face any injustice and difficulty afterward.
Challenges Faced in Mediation- Mediation in Motor Accident Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
The process of mediation in matters of disputes in motor accidents also faces many challenges to overcome while proceeding to a settlement.
Firstly, it is a very difficult task to ensure the consent of both parties and bring both of them to the same table.
Secondly, the process of selecting a mediator can be a very complicated one. As we know, nobody is perfect and everybody possesses their capabilities and weaknesses, so, the mediator should be selected upon the requirements of the situation.
These requirements conflict on both sides usually which makes the process of selecting the mediator even harder.
Supporting Case Law- Mediation in Motor Accident Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
In a recent case M. R. KRISHNAMURTHY VERSUS THE NEW INDIA ASSURANCE CO. LTD. & OTHERS, Civil Appeal Nos. 2476-2477 Of 2019 (Arising Out Of SLP (C) Nos. 31521-31522 Of 2017), the court had advised mediation to be used for the resolution of conflicts in motor accident cases to ensure speedy delivery of justice and also recommended amendment to the Motor Vehicles Act for mediation as a first option before approaching the courts.
The court also suggested the establishment of the Motor Accidents Mediation Cell for the government of India.
Conclusion- Mediation in Motor Accident Disputes-An Effective Conflict Resolution & Alternative Dispute Resolution Technique
Therefore, coming to the conclusion of this blog, we can now prefer mediation over the other mechanisms to solve the matters of disputes in motor accidents.
This would ensure free will along with the effective and speedy delivery of justice to the victims. Also, the existing mediation rules and institutions require some modifications to overcome the challenges mentioned in the blog which acts as a barrier to the effective process of mediation.
Thus, In cases of motor accidents, mediation emerges as the best option for speedy justice and effective compensation to the victims.
References: -
2. https://www.slideshare.net/altacitglobal/motor-accident-mediation-authority-mama
