• Mediation & Conciliation- What It Is

  • Mediation – What It Is

    Mediation is a negotiation process in which a neutral third party assists the disputing parties in resolving their disputes. A Mediator uses special negotiation and communication techniques to help the parties to come to a settlement. The parties can appoint a Mediator with their mutual consent or a mediator can be appointed by the Court in a pending litigation. Mediation always leaves the decision making power with the parties. A Mediator does not decide what is fair or right, does not apportion blame, nor renders any opinion on the merits or chances of success if the case is litigated. Rather, a mediator acts as a catalyst to bring the two disputing parties together by defining issues and limiting obstacles to communication and settlement.

    Nature Of Proceedings

    Mediation is a voluntary proceedings where the parties weigh options and create a settlement as per their own needs and interests. Sometimes the disputes which have not even come to the court, are settled during mediation. If any / either of the parties feel that the mediator is not proceeding in the right direction, the mediation process can be terminated at any time.

    Cases Suitable For Mediation 

    In the matrimonial & Family matters the mediation & conciliation works very well.  The Matrimonial disputes have met with a positive results during mediation. The Cases of harassment on account of dowry and cruelty under section-498-A are most suitable for mediation. 

    Reference to Mediation: Pre-Litigation Stage

    When the couples face matrimonial issues, and also when serious issues concerning property etc. simmer in the family, among brothers, sisters & etc., there are a lot of people who first exercise the option of Alternative Dispute Resolution (ADR), i.e the mediation & conciliation, before going to the Court of law. It is experienced more often than not that if sincere efforts are made by all concerned, the parties & the mediators, the positive results are bound to follow. By taking this route, the parties succeed in avoiding the protracted litigations in the Court of law.  

    Hello Counsel also undertakes referral requests for Alternative Dispute Resolution (ADR), pre & post institution of the Cases in the Courts. For this task, it engages trained Mediators & conciliators who use special negotiation and communication techniques to help the parties to come to an amicable settlement.

    Reference to Mediation: When Case is pending in the Court

    As per provision of Order X Rules 1-A of the CPC after recording admission or denial of documents, the Court is under an obligation to direct the parties to opt for any of the four modes of alternative dispute resolution including mediation. The request for reference of a dispute to mediation can be made by both the parties. A wide nature of disputes, including Matrimonial, Petitions under Section 125 Cr. P.C. or any compoundable offence can be referred for mediation. If only one of the parties makes a request and the other party is not averse to the idea of mediation, the dispute can still be referred. Any court can otherwise make a reference of a dispute as provided under Section 89 of Code of Civil Procedure. Lawyers can assist the parties in the mediation proceedings. Since the proceedings before a mediator are informal the parties can even bring any of their relations to assist them. Also, on the conclusion of a successful mediation, followed by a decree, the plaintiff is entitled to a refund of court fees in terms of Section 16 of the Court Fees Act, 1870.

    Hello Counsel also undertakes referral requests for Alternative Dispute Resolution (ADR), pre & post institution of the Cases in the Courts. For this task, it engages trained Mediators & conciliators who use special negotiation and communication techniques to help the parties to come to an amicable settlement.

    Referral Order:

    A referral order is an important document which initiates the mediation, explains ground rules and structures the process. A referral order should contain the following:

    1. A referral order should state relevant statute or rule authorizing a referral Judge to refer parties to mediation.
    2. A referral order should outline proposed duties and responsibilities of the mediator.
    3. The parties may be advised to file/submit documents or any other relevant materials before the mediator.
    4. A referral order should state who is authorized to appear before a mediator. It should be mentioned whether advocates are permitted to appear during mediation proceedings.
    5. A referral order should contain that parties are required to participate in mediation in good faith.
    6. A referral order should spell out a definite time frame for conduction and conclusion of mediation proceedings.
    7. A referral order should spell out in unambiguous forms that mediation proceedings are confidential in nature.

    Kindly CLICK HERE or e-mail us at office@hellocounsel.com if you are facing any Matrimonial Issue, Civil or Criminal, and wanted to have Legal Consultations with the empanelled Lawyers/ Law Firms at Hello Counsel.   

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