What is Mediation?
Does the mediator meet with the parties before mediation?
Is offering to mediate a sign of weakness?
Where will the Mediation Take Place?
What will happen at the meeting?
Can I have a lawyer or a family member/friend present?
What happens if there is no agreement?
What are the courts views on mediation?
What happens if other side won’t mediate?
How Does Mediation Differ from Arbitration?
What are Rules of Mediation?
For what kind of Disputes is Mediation appropriate and what are its advantages?
At which stages of a dispute can mediation be used?
What Types of Dispute Can Be Mediated?
Why Choose Mediation?
How it Works?: The Principal Stages of Mediation
What are the main Steps in a Mediation?
What is the language used in Mediation?
What Does It Cost?
Who Pays the Costs?
Is the mediation agreement enforceable by law?
Getting a Dispute to Mediation: Recommended Clauses
Can litigation and mediation progress in parallel?
Can any evidence presented during mediation be used in litigation?
How confidential is the process?
Can mediation totally replace the legal system? 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.
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 through the mediation process to the authorities.
Cases where the disputing parties are not serious about the process or genuine intent and commitment is lacking.
Legal Validity of Mediation in India
Formalization of the mediation method in the Indian context took place with the introduction of the Arbitration and Conciliation Act 1996.
Outcomes/ Agreements arrived at during the mediation process in consonance with the provisions of Article 73 of the Act have a legal validity akin to an Arbitral award.