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Frequently asked questions

FAQs
  1. COURT- REFERRED MEDIATION- It applies to cases pending in Court and which the Court would refer for mediation under Sec. 89 of the Code of Civil Procedure, 1908.
  2. PRIVATE MEDIATION - In private mediation, qualified mediators offer their services on a private, fee-for-service basis to the Court, to members of the public, to members of the commercial sector and also to the governmental sector to resolve disputes through mediation. Private mediation can be used in connection with disputes pending in Court and pre-litigation disputes.

The Supreme Court of India in Salem Advocate Bar Association V Union of India, (2005) 6 SCC 344 approved the Model Civil Procedure Mediation Rules prepared by the Committee headed by Hon'ble Mr. Justice M.J.Rao, the then Chairman, Law Commission of India. These Rules have already been adopted by most of the High Courts with modifications according to the requirements of the State concerned. As per the Model Rules the following persons are qualified and eligible for being enlisted in the panel of mediators:--

    1. Retired Judges of the Supreme Court of India;
    2. Retired Judges of the High Court;
    3. Retired District and Sessions Judges or retired Judges of the City Civil Court or Courts of equivalent status;
  1. Legal practitioners with at least fifteen years standing at the Bar at the level of the Supreme Court or the High Court or the District Courts of equivalent status;
  2. Experts or other professionals with at least fifteen years standing; or retired senior bureaucrats or retired senior executives;
  3. Institutions which are themselves experts in mediation and have been recognized as such by the High Court, provided the names of its members are approved by the High Court initially or whenever there is change in membership.

Mediation is a quick, voluntary, confidential and a cost effective way of resolving disputes.

Mediation is an alternative dispute resolution (ADR) process whereby the parties are assisted by a trained and skilled third party. The mediator facilitates confidential communication, reconciliation and negotiation between the parties to reach a voluntary and mutually agreeable resolution.

Litigation is time consuming, emotionally draining, expensive, and unpredictable. With litigation, you are never certain of your outcome until a judge or jury decides who is right and who is wrong.

Mediation employs a neutral third party who does not judge the case but helps facilitate a discussion, limit the issues, and put them in perspective to resolve the dispute. Mediation is less expensive, more confidential, and highly effective in resolving conflicts peacefully than litigious court battles.

Most disagreements can be mediated to find a solution . Even after a law suit has begun, mediation can settle the matter in a less expensive and timely way. Mediation is well suited to divorce and family law issues, commercial, employment & real estate controversies, civil disputes involving money, consumer disputes, contract disputes, personal injury or wrongful death claims, landlord/tenant disputes, disputes between neighbors, insurance disputes, medical or legal malpractice issues the parties can resolve it without resorting to traditional adversarial litigation.

Such facilitative mediations help reduce conflict and tensions, keep the discussions focused on key issues and help everyone involved understand what needs to happen and why. When important discussions such as these are conducted in a meaningful and productive way, more creativity and thought is put into the final product or agreement, which leads to fewer disputes.

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