March 10, 2023 | Litigation ServiceMediation is one of the alternative dispute resolution mechanisms wherein parties resolve their disputes by finding a mutually acceptable solution with the help of an independent, impartial and neutral third party, referred to as Mediator.
A Mediator does not pass any judgment concerning the dispute between the parties but opens an avenue for negotiation between the parties and creates a favourable environment to enable them to resolve their differences amicably. Mediation is a relatively less expensive, speedy and efficient procedure. Unlike public court cases, mediation proceedings are confidential. Any statement made or information furnished by either of the parties, cannot be disclosed in any civil proceedings or elsewhere without the written consent of the parties. Settlements reached in mediation are more agreeable to both parties than court judgments.
All civil cases such as recovery, injunction, specific performance, partition, landlord-tenant disputes, matrimonial disputes, property-related disputes and varied category of disputes and few suitable criminal cases such as dishonour of cheques under section 138 of the Negotiable Instrument Act, cases under section 406/498A, IPC and cases which are compoundable under law, could be referred to Mediation.
The pending disputes are referred for mediation, generally on the consent of both the parties to the dispute but in some exceptional circumstances, even without the consent of the parties, the Court may refer the matter for mediation, if it thinks reasonable to do so in the interest of justice. Upon such a reference, the Mediation is governed by the MEDIATION AND CONCILIATION RULES.
Parties to a suit or other proceeding may agree on the name of the mediator for mediating between them. If the parties are unable to agree, the Court may ask each party to nominate the mediator or may nominate/appoint the mediator, as it deems fit. Nowadays, most of the High Courts and District Courts have mediation centres attached to the Court, administered by the Court and whenever there is any need for referring the matter, the same is referred to such centres. The in-charge of the centre then allocates the matter to the panel mediator. In that case, the parties are not supposed to pay any fee or charges for mediation.
The expense of the mediation including the fee of the mediator, costs of administrative assistance, and other ancillary expenses concerned, shall be borne equally by the various contesting parties or as otherwise directed by the court. Further, in court-annexed mediation, particularly where the matter is referred to Mediation Centre, the parties to the dispute are not supposed to pay any court fees. If the matter is settled in mediation, the court fee is also refunded.
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