WE PROVIDECOMMERCIAL MEDIATION
Commercial mediation like any other form of mediation has the obvious advantages of speed and cost savings. However, one very important aspect which most business people look forward is saving the business relationship, if it can be. No one wants to lose a business or trading partner/ customer/ supplier just for a one-off incident. Here also, the process is totally voluntary and confidentiality is retained as per your desired levels.
All we request is that you should approach the mediation process in good faith. Anything you say or share is undoubtedly ‘without prejudice’. That means, it can’t be used against you in a court of law if the mediation is unsuccessful and the parties decide to approach the court for resolution through litigation.
Seek Mediation provides mediation advice for:
Mediation without Prejudice
All we request is that you should approach the mediation process in good faith. Anything you say or share is undoubtedly ‘without prejudice’.
The Law Says:
In India, there are two principal legislations that deal with Mediation:
- The Code of Civil Procedure, 1908
- The Arbitration and Conciliation Act 1996.
In Salem Advocates Bar Association, Tamil Nadu vs Union of India (Writ Petition (Civil) Nos. 496 and 570 of 2002), the Supreme Court held that a reference to mediation and conciliation is mandatory for court matters. One such legislation is the Commercial Courts Act 2015, whereby it is mandatory for parties to exhaust the remedy of pre-institution mediation under the Act before instituting a suit. The Commercial Courts (Pre-Institution Mediation and Settlement) Rules 2018 (the PIMS Rules) have also been framed by the government under the Act to further provide guidelines on the process.
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