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Mediation under ADR

Mediation under ADR

Mediation is a process which is ongoing since the Vedic Period. It comes under Alternative dispute resolution process. Since the Vedic period, our ancient use to practice this process to resolve their minor confliction between family or other matters.

This is used as one of the best methods to solve the dispute because in this process the case will remain secret between three parties which are two different parties between conflicts arise and third is the mediator.

Introduction about mediation

The ADR is consisting following types in India which are: – Arbitration, mediation, negotiation and conciliation. But the mediation procedure is one of the best methods which are being used in India to resolve the disputes related to family matters and property cases.

What is Mediation?

It is a process where disputing parties decide mutually to find the solution of their legal dispute where they enter into a written contract and appoint a third party (Mediator) to solve the dispute mutually. In this process, the mediator brings both the party to the end where both get satisfied with the decision. The parties may bring the ADR advocates to represent their case in front of Mediator.

The difference between Mediation and Arbitration is that the arbitration process is a little bit formal than the Mediation process. It is party friendly and very flexible in nature.

Who is the Mediator?

The third-party which solves the issue raised between two parties is called the mediator. He can be any person choose from the parties.

Types of Mediation

There are two types of mediation in India

  • Court referred Mediation
  • Private Mediation

Court referred Mediation

Section 89 of the civil procedure code 1908, gives the power to the courts that the judge can refer the pending cases for the [mediation] process. This process is used to solve the dispute like Matrimonial disputes or divorce cases.

Private Mediation

In this process, a mediator is a qualified person with a fixed fee basis. Any person, company or government sector can appoint the Mediator to solve the dispute.

Process of Mediation

The process of [mediation] is completely secret. The documents used in this process submitted with sealed. The mediator cannot disclose the information given by one party to him to another party unless the party allows him to do so. He cannot disclose the facts of the case to any other person who is not the party of the case.

Conclusion

[Mediation] is a fast and easy process to finish the dispute. It is specially used in the divorce cases, family cases and property cases. This process helps the parties to keep the case limited to three parties only. The case can be solved in less cost without the loss of reputation and peace.