Verbal understandings and agreements are easily forgotten and violated We at Seek Mediation therefore strongly advise that you should culminate the mediation process with a written agreement.In India, Outcomes/ Agreements arrived at during the mediation process in consonance with the provisions of Article 73 of the Arbitration and Conciliation Act 1996 have a legal validity...
We strictly follow the Indian Institute of Arbitration and Mediation ethical guidelines and Code of Professional Conduct. (www.arbitrationindia.org/pdf/rules_mediation.pdf)
The mediation process is fully confidential from the mediator’s side. The opposing parties are expected to maintain confidentiality on their part to respect the mediation process. Violations are unacceptable in this regard.
Yes, they can progress in parallel. If an agreement has been reached during mediation, the parties can make appropriate representations(s) to the court regarding withdrawal of charges through their lawyers. For example, mediation can help convert a contentious divorce case into a divorce with mutual consent.
In India, Outcomes/ Agreements arrived at during the mediation process in consonance with the provisions of Article 73 of the Arbitration and Conciliation Act 1996 have a legal validity akin to an Arbitral award.
The mediation costs including the administrative charges have to be shared between the parties. An exception can be made if one party agrees to bear the mediation cost of the opposing party due to exceptional circumstances.
Mediation certainly costs a fraction of the costs that you would expect for dispute resolution through litigation. Mediation costs are laid out by the hour or by the session. The hourly rate of the consultancy fees is decided on the basis of the complexity of the case and is agreed upon with the mediator before...
No, any evidence presented during the mediation process cannot be used during litigation. This is a fundamental principle which is followed during mediation. In fact, you will be required to sign an undertaking to this effect before commencement of the mediation.
Formalization of the mediation method in the Indian context took place with the introduction of the Arbitration and Conciliation Act 1996. This is considered a watershed moment in this field as it introduced the basic framework within which formal mediation could be conducted within the country. Outcomes/ Agreements arrived at during the mediation process in...
The answer is No. Litigation is a must for: Criminal cases, public safety matters and civil rights issues where the principle of law needs to be established. Cases where there is a clear breach of obligation. Cases involving violence, drugs, child abuse etc where the mediator himself may become culpable for not revealing information gained...
Mediation should always be conducted at a place where both the parties are comfortable especially with regard to privacy and security concerns. We offer to conduct mediation at our listed address in total privacy and in a secure environment. Besides that, any other place which is mutually acceptable to the parties and the mediator and...
Mediation practically can be used at any stage of a dispute prior to judgment given in a court of law. However we advise that mediation is likely to be more successful if we engage in it early enough in the dispute.
It is commonly understood that mediation is a non-binding procedure in which a neutral or impartial third party (mediator/ conciliator) assists the disputing parties in mutually reaching an agreed settlement of the dispute. In practice, the conciliator is able to achieve this end- game by creating a situation which is different from one of direct...
The mediation process can be applied to settlement of almost all kinds of contractual and non-contractual disputes. It has found special application for resolving family disputes, business disagreements, consumer disputes and industrial fights. Speed, economy, confidentiality, convenience and ‘freedom to withdraw’ at any time are leading more and more people to adopt this as a...
In arbitration and so also in court litigation, the proceedings are essentially adversarial in nature. One party winning invariably means someone losing like in a zero-sum game. Promotion of goodwill is almost a rare possibility in such an effort. There is no room for concessions and compromises and sometimes positions have to be taken much...
Mediation by its very nature is a mutual and non-coercive process. The responsibility of the mediator toward getting parties to the mediation table is sending the Notice to Mediate to the opposing party. An agreement to seek resolution through mediation is the starting point of the mediation process.
Universally and so also in India, the courts acknowledge the important role being played by mediation. In fact, in many complex commercial cases and domestic cases like divorce, custody etc, court-ordered mediation has become the norm. Most developed nations have turned to mediation as the first-step dispute resolution method. Many trial courts abroad have established...
The success rate of the mediation process is universally acknowledged to be very high. In some countries, it is even in excess of 80-85%. There may however be times when agreement may not be reached. In such cases, the mediator helps the parties to establish any partial agreements, if possible. The parties can mutually decide...
Sure, you can definitely have a lawyer or a family member/ friend to be present with you to assist you. Mutual consent of parties is however required for the same. Also, please notify the mediator well in advance about the likely presence of additional people and their identities to make relevant administrative arrangements. All people...
Typically speaking, in the first session, the mediator begins by introducing himself. He will also emphasize on the fact that he has no conflict of interest in the case. The mediator shall thereafter request the parties and their lawyers/family members/friend (if present) to introduce themselves. After introduction, the mediator will ask the parties to...
Mediation should always be conducted at a place where both the parties are comfortable especially with regard to privacy and security concerns. We offer to conduct mediation at our listed address in total privacy in a secure environment. Besides that, any other place which is mutually acceptable to the parties and the mediator and having...
This is one of the most common myths floating around and often propagated by friends, relatives and attorneys advising the clients. Sometimes vested interests also cannot be ruled out in such cases. In fact, to the contrary, an offer to mediate is an indication of maturity and willingness to improve the conflict environment. It is...
In case the mediation has been initiated by one of the parties, the mediator shall issue an ‘Invitation to Mediate’ to the opposing party. Once agreed upon, the initial scheduling of the mediation will be done. Ideally, the mediator should meet both the parties together the first time in the initial joint session. At this...
Mediation brings to the table a wonderful opportunity to settle the dispute and also maintain the relationship at the same time. The entire process is after all about sharing perspectives, reducing differences and fostering amicability. Contrary to litigation, the entire process invokes understanding, mutuality and positivity. Many a times in personal life and so also...
A process in which two or more people involved in a dispute come together to find an acceptable and workable solution to their problem with the help of an impartial third party/neutral called the mediator. The neutral facilitates communication and negotiation while promoting voluntary decision-making by the parties to the dispute. A detailed explanation of the mediation concept is available at our ‘What is Mediation?’ page on...
