What is Mediation?

Mediation is the process of solving civil and commercial disputes through a third party who is not a party to the dispute and works impartially in order to mitigate the loss suffered by any person in a structured multi-stage process to help the parties reach a conclusive and mutually satisfactory agreement. 

In mediation, it is the parties who voluntarily reach in to a conclusion for resolving the dispute and the Mediators duty is to facilitate the parties but not to judge that who is right and who is wrong. The main duty of a mediator is to identify relevant legal and factual issues and bring that into attention of the parties so as to enable the disputing parties to reach into a settlement avoiding legal proceedings. It is the parties who select their mediator.   

In England, a joint study on few legal practitioners on commercial disputes reveals that at-least 60 percent of them wants to solve their dispute through Alternative Dispute Resolution (ADR). The main reason for this is the confidential nature of the ADR and it takes lesser time and money.    

The Mediator 

In order to become a competent mediator and run the mediation process smoothly, it is necessary to acquire few competency and skills. If one can apply them very professionally, he will certainly be able to build some confidence in the minds of the parties which will enable the parties reach into a solution. The three competency and skills which are required are Relationship skills with the clients, the Process skills to carry the mediation process and the Content skills for closing the mediation with a solution. If anyone can understand those skills and also know how to apply those skills properly, he or she will certainly be able to practice as a mediator and find a new dimension in the country.