Mediation

Mediation
The term “mediation”
connotes the act of a
third party relating to
the settling of a
dispute between the
two contending
parties.

The mediator often asks

the parties to put forth
their views and claims in
a joint session before
melting them separately
to explore the
possibilities of
settlement of the dispute.
Mediation is a process
by which disputing
parties engage the
assistance of a neutral
third party to act as
mediator.
 In this process the
mediator gets the
However, the
opportunity of Thus, the settlement
settlement arrived at
establishing the points made through the
the end of mediation
of difference and the process of mediation
does not have the
area of dispute. He is not enforceable as a
binding effect on the
may then help the decree of the court.
parties.
parties to bridge the
gap between them.
Concept of Mediator
 A mediator is a
A mediator is a
third person He puts his personal
neutral person who
between the parties efforts by means of
acts as a bridge with
who is independent his goodwill, skill
the view to settle
and is required to and knowledge for
the controversy or
be impartial and fair amicable settlement
dispute between the
in approach towards of contending
two contending
settlement of issues.
parties.
dispute.
 Restrictions on Mediator
The field of a mediator is very much restricted as he not being
a statutory process, his powers are not defined under any
statute.

A mediator is not forming by any statute but he is a third

independent person appointed by mutual consent of the parties.

His main function is to help them in reaching a settlement of

dispute and explain the pros and cons relating to the subject
matter of dispute.
There are, however, certain restrictions on the powers of a
mediator which are as follows:

1. He cannot compel attendance of any person or production of

any document.

2. He has no power to penalise a disobedient party.

3. Mediation being a consensual process, therefore no exparte

mediation is permissible.

4. Mediation is a non statutory nature of functions consequently

it lacks enforceability in respect of settlement arrived.

5. He functions as a mediator only till the consent of the parties

exists.
How to Enforce Mediator’s Settlement
It is well settled legal
position that the settlement
made by the mediator is not
legally enforceable because
it lacks statutory
recognition.

If the settlement is converted

The mediator’s settlement is not
into a written agreement
supported by the sanction of the
between the parties, it
court.
becomes enforceable.

Therefore, the enforcement of

settlement made by mediator
depends upon the willingness
of the parties.
 No court rules and
The mediation
legal precedents are
conference takes
involved in
place in a private
mediation. The
settling such as a
mediator does not
conference rooms at
impose a decision
any of the arbitration Privacy and
upon the parties. As Informality :-
association. Confidentiality:-
apposed to
Mediation is not a
adversarial forums,
matter of public
the mediator helps
record his
maintain a business
confidentially is
like approach to
maintained.
resolving a dispute.
Advantages of Mediation
 Mediation
Parties have control generally lasts a
over their day complex
participation in matters any require
mediation. A party more time due to
can decide to highly technical
terminate their issues and/or
Time and Cost
participation at any Controls :- multiple parties.
Saving :-
point in mediation. Without the
Mediation help formalities found in
parties maintain litigation,
control over the mediation usually
negotiation that results in
takes place. substantial costs
saving.
 Mediation is
Mediation Mediation is
participated and
function to Mediation is simple and
gives the parties
maintain, conducted in an flexible, the
the
improve and informal, parties can
opportunities
restore the cordial and tailor the
to present their
relationship conductive mediation
own case in the
between the environment. proceedings to
manner they see
parties. suit their need.
fit.
Some Other Advantages are:-
Thank You!!!