ABOUT MEDIATIONLearn More About Mediation

LEARN MOREWhat is Mediation?

Simply put, mediation is a process in which two or more people involved in a dispute come together to try and find an acceptable and workable solution to their problem with the help of an impartial third party/neutral who facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute.

Conflict or disputes generally arise out of a difference in thought process, attitudes, understanding, interests, requirements and perceptions. However, in all cases, the following five belief domains stand out as the root cause:

Superiority or Inferiority
Injustice
Vulnerability
Distrust
Helplessness

What follows is conflict which generally follows a typical five phase lifecycle:

  1. Latent Phase: Prelude to conflict, Disagreements
  2. Emergence Phase: The last straw.
  3. Initiation Phase: The heat is on!
  4. Differentiation PhaseIndividuals step back and recognize the differences against each other.
  5. Resolution Phase: Individuals try to compromise to some extent and resolve the conflict on their own or through external help.

Although most individuals realize their differences in the Differentiation phase, invariably a deadlock occurs at this stage due to various interpersonal reasons. Mediators or conciliators help provide the right catalyst action at this stage to assist the parties through the down-slope of de-escalation and resolution stage.

“People resorting to mediation for conflict resolution is a sure-shot sign of a cultured and evolved society”.

Why is Mediation the preferred Alternative Dispute Resolution (ADR) option?

Mediation is the preferred ADR option because it allows all parties to

  • Settle the dispute amicably and maintain the relationship at the same time.
  • Share perspectives and reduce differences.
  • Progress with understanding, mutuality and positivity.
  • Resolve with respect, dignity, empowerment and freedom.
  • Achieve resolution in a quicker time period.
  • Reach an agreement at a significantly lower cost.
Why does mediation score over Litigation and Arbitration?
Litigation and Arbitration
Mediation and Conciliation
Proceedings adversarial in nature. Invariably acrimonious and breakdown of relationships. Promotion of goodwill and maintenance of relationship is a strong possibility. Communication opens, irrationality reduces and ill-will diminishes.
Zero-sum game: One party winning invariably means someone is losing. Everyone can possibly be a winner. Even failure to reach a final solution is not considered a total loss and can be helpful in the long run.
Little room for compromises and concessions. The basis itself is understanding, compromises and concessions while protecting core interests.
Coercion by counsel to take up extreme positions. Counsel can be asked to stay in advisory role.
At the end of the deliberations, control shifts to a third party viz the judge or the arbitrator. Feeling of helplessness. Parties always in control and freedom to withdraw is available till finalization. No final decision without mutual acceptance.
Concern is seldom on the individual or his interests but more on the legal position of the case. Protection of core interests always in the hand of the parties.
Evidence and the rule position is all that matters. Emotions and feelings have no role to play. Parties can express and vent out natural feelings and even negative emotions such as anger, distress and frustration without damaging the process.
Cultural factors and context are largely ignored. Due cognizance of cultural factors and context. Mutual concerns, underlying issues and anxieties can be dealt with.
The focus also is on past actions and deeds. Focus is on the future and newer possibilities.
Arbitral or judicial award almost forecloses further options except review petitions in higher courts. More cost, more delay. All possible options can be explored.
Cost and time intensive. Stress intensive. Open-ended. No intimidation caused by time and cost considerations. Achieve closure and get on with life at the earliest.
Privacy and confidentiality compromised once the matter is in court. No hold barred after that. Privacy and confidentiality always protected.
Overall, dissatisfaction (in part or whole) is rampant. Phenomenal worldwide satisfaction amongst those who have tried it.

Want to learn even more about Mediation?

Avinash Gupta

I have worked with the Seek Mediation team for quite a while. They have always far exceeded my expectations. Simply put, they are a world class outfit.

Prabhakar

We just cannot believe it.  Our family dispute had been lingering for the last one decade. Got resolved in four sessions!

I J Sikand

I have worked with mediation consultants before, but I have never seen a group which is so dedicated and committed to their cause. Very professional indeed.

Kamaldeep

I never knew disputes could be resolved so easily and economically. At the end of the day, it was win-win for all of us.

Are you ready to try Mediation?

CONTACT US
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