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.