Mediation is a voluntary process where parties in dispute decide to mutually find a solution to their legal problems by entering into a written contract and appointing a mediator. It is a form of Alternate Dispute Resolution. Decision-making powers remain with the parties involved and the mediator acts merely as a buffer between the parties involved. A mediator can be anyone, of any designation and can be appointed formally or casually – depending on the parties. Mediation in India may be court referred mediation or private mediation.. In Private Mediation, qualified personnel works as mediators on a fixed-fee basis. Anyone from courts, to the general public, to corporates as well as the government sector, can appoint mediators.
Our lawyers at India Law Offices LLP are experienced in various forms of Alternate Dispute Resolution, including mediation. Our lawyers provided detailed advice and opinions on mediation that includes divorce and custodial matters. Our experienced lawyers can help provide pre-mediation preparation of facts and other governing principles and explain the options available. We can help prepare a brief of the client’s facts and indicate what would best suit your interest before the mediation begins. During mediation, we ensure that our client’s interests are put at highest pedestal whilst ensuring that no legal rules and procedures are breached during mediation. We identify the major areas of concern for our clients and attempt to negotiate to meet the interest of our clients. Our lawyers provide workable ideas and an understanding of the law the governs mediation in India – including court preferred mediation in India under Section 89 of the Code of Civil Procedure, 1908. In an agreement is reached, our lawyers can assist in putting the agreement forward to the court by drafting and submitting the necessary documents. In case our client is dissatisfied with the outcome of the mediation, we help in initiating the litigation process for the same. Our foremost purpose is to provide the best possible outcome for our clients. Our mediation practice spreads to commercial & corporate disputes, family disputes and other disputes that include land matters, employment matters, investor-state disputes, professional malpractice etc.
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