In India with time and increasing education people are becoming aware of their rights. But without access to justice, there is no use of having rights. Due to our long litigation process, people mostly delay decided to not to avail their rights in the court of law.
In the present time to tackle this issue various Alternative Dispute Resolution introduced which are efficient, cost effective, fast, and flexible.
Mediation is one alternative dispute resolution method in which neutral third party assist the parties to settle their dispute and come on the resolution.
Mediator begins the negotiation by introducing himself and parties and their respective advocates if they have. If there is any doubt in the mind of the parties related to mediation he also clear that point.
The mediator through his conduct establishes his neutrality. He will decide venue, time and place on his own or ask both parties if they have any suggestions.
Describe his role as mediator to the party and facilitate the process of mediation. He made parties to believe that whatever they say here is not be used anywhere, its confidential.
Initially, mediator should hold the joint session where he here the factual background, issue between the party, their claims, defence, arguments. Parties assisted by the mediator for coming on the agreement, each party tell the story of their side, this can be possible that perspective of both parties is different but both can be right.
Mediator will try to find out more and more information from the party and rush for the decision on the issue.
He can also call separate session and talk to them personally for gaining confidential information which can help him in facilitating the agreement between the parties.
Various option which the parties have discussed if there is some other new point it also evaluated. The best possible outcome on which the parties agree to put into words and later signed and called settlement agreement.