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About Mediation

Mediation is a voluntary process in which an impartial and neutral mediator tries to bring together the disputant parties to arrive at a mutually agreeable solution. The parties to the dispute have an opportunity to ventilate their grievances and feelings and thereafter work out the solutions to meet their interests. The mediator does not decide or impose any solution on the parties but creates a favourable environment to enable them to reach an amicable settlement
Mediation is a process:
• of facilitated negotiation;
• in which neutral mediator uses specialized communication and negotiation techniques;
• which is voluntary, confidential, transparent and flexible in which parties themselves workout solutions of their disputes.

Benefits of mediation?
• Mediation is faster and generally less expensive than a trial.
• There is more flexibility: parties often reach solutions that would not be possible at trial, and the process allows for “lateral thinking”.
• Allows parties to personally express their views directly, informally, confidentially and without fear of any adverse action.

• Parties themselves work out solution which meets their interests and thus, gives more satisfaction.

• Focuses on the future rather than the rights and wrongs of the parties.

• Eliminates the risks of litigation.

• Helps to save time, energy, money and relationship.

• Brings harmony by creating Win-Win situation for the disputing parties.


Who attends the mediation
All the parties to the dispute, their lawyers, and the mediator.
Sometimes, with the agreement of all of the parties and the consent of the mediator, it is helpful to have someone present who is not a party but who can help resolve the dispute. Examples include experts such as valuers, and professional advisers such as accountants.
Whoever attends on behalf of the parties must have full authority to settle the dispute.
What happens at a mediation
Mediation process, though is informal, has a definite structure. Mediator first talks to the parties and introduces himself. He establishes neutrality, creates trust of parties in the process and ultimately creates atmosphere for open discussions

Mediator thereafter listens and encourages both the parties to give information and facts and helps them to identify their interests. He establishes communication between the parties.

He also listens to both the parties separately to enable them to further explain their grievances, demands, expectations. He also helps parties to generate options for amicable settlement.

Once the matter is settled, mediator clarifies and confirms the terms and records the settlement.

Duration of Mediation
Most cases are settled within 30 minutes to 60 minutes. However, if the dispute involves complex issues, it may require some more time.


 How to approach the Mediation Centre

Delhi Dispute Resolution Society (Regd.) is setting up Mediation Centers in each district. Any or both the parties to a dispute, whether pending in court or not, are at liberty to approach any of the centers for resolution of their disputes.

The petty criminal compoundable cases can also be referred by the police to the nearest centre before registration of FIR / or proceeding further in the matter / complaint.

The cases before Consumer Forums and such other Tribunals can also be referred by the Presiding Officer for mediation.
The consumers can also approach any centre for their complaints against vendors / service providers.


Cases to be referred for mediation:


The kind of cases taken up at the various Mediation Centres under Delhi Dispute Resolution Society (Regd.) may be:

Pre-litigation Cases and Pending Litigation Cases

• Neighbourhood disputes

• Consumer related disputes

• Petty compoundable criminal cases

• Cases of dishonour of cheques/Commercial

• Accidental compensation cases

• Family and relationship matters

• Any other case with consent of parties
 
• Cases of Consumer Courts

• Cases of dishonour of cheques

• Family and relationship disputes

• Motor Accident Compensation Cases

• Land related matters

• Cases by or against Government having elements of settlement

 

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Last Updated : 22 May,2015