Dispute Resolution

MEDIATION - TYPES
• Court Annexed Mediation
• Statutory Mediation
• Pre Institution Mediation
• Company Law Mediation
• Consumer Forum Mediation
• Supreme Court Mandated Mediation
• Online Dispute Resolution Mediation
• Private Mediation
• Pre Litigation Mediation
Mediation - Stages

Mediation Room
Welcome
Seating
Introduction (Self and Parties)
Opening Statement
Joint Session
Private session
Conclusion-Settlement
Closing Statement
Mediation Room
WELCOME
SEATING
INTRODUCTION
OPENING STATEMENT
JOINT SESSION
RE - STATEMENT
 PURPOSE OF JOINT SESSION

1 •Elicit Information.

2 •Build Trust, Confidence.

3 •Establish Neutrality.

4 •Assess the position of the Parties.

5 •Scope of the Dispute.

 Position & Interest
• Position : I want Rs.90,000/- per month salary at least.

• Interest : If I get Rs.90,000/- I can buy a car on loan; get

rented accommodation in a decent close by area; save for my
marriage; send money to parents at Village; also join for dance
classes.
• Plus, I can save for future sweet home
 Position & Interest
• Position : I want employment in Bangalore

• Interest : If I get employment in Bangalore, I can look for further

invest in Bangalore; promotional aspects are bright; I can travel to my
native frequently, I can pursue my further studies in the branch of
law;
• Prestigious law colleges are in Bangalore; infrastructure is
excellent; Faculty is encouraging; moreover, Idli & rasam is super in
Bangalore.
 FOCUS ON INTEREST
❖Tangible
❖Intangible
❖Security Concerns,
❖Economic well being
❖Recognition
❖Respect, dignity,
PRIVATE SESSION
OTHERS
 PURPOSE OF PRIVATE SESSION
1 • Deeper understanding, cause, confidential information.

2 • Listen to know perspective, Interest, underlying concerns.

3 • Shift from Position to interest.

4 • past to present, future, dispute to conflict, diagnose.

• Move from blame to understanding, positivity, feelings
5
etc.,
6 • Involvement of third parties.
 DIFFERENCES
J/S VS P/S
• Shifting of gears;
• Focusing, prioritising, Options, Creative Ideas; hidden interest;
• Problem solving;
• Solution finding;
• Confidential discussion ;proposals, offers;
Conclusion