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ABOUT MEDIATION |
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If you
have a commercial case pending before any court/judicial
forum, the law allows you to request the court to help
you settle your dispute without going further into the
litigation process. Mediation as an
alternative dispute resolution (ADR) mechanism has successfully
provided solutions in a wide range of cases.
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Mediation - an Alternate Dispute Resolution Mechanism
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Mediation is an ADR mechanism that may be used for settling disputes informally and promptly with the assistance of a neutral third-party mediator.
Often disputes arise out of a misunderstanding concerning
the expectations and responsibilities of the parties.
These disputes may be settled agreeably once a dialogue
is established. Mediator does not act as a judge of
decision maker, but as a neutral individual whose purpose
is to facilitate settlement between the parties. |
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Mediation is meant to be a quick and inexpensive means of resolving disputes. The benefits of Mediation are that it is:
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Conducted
Professionally
By trained and internationally accredited Mediators |
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Protected and
Recommended by Law
Section 89 A and Order X Rule 1A of CPC |
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Quick
Settlement reached within one to two days |
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Effective
Settlement reached in 75% cases |
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Confidential
Communication with the mediator and the proceedings
remain private |
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Safe/Without
prejudice
Legal rights of the party are not affected |
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Future Relationships
Helps keep relations intact between the parties
at dispute |
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The Mediator
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You may have already tried to negotiate with the other party and found that the negotiations did not get very far. A mediator is an impartial professional who has been trained to help the parties in dispute to find solutions. The mediator is skilled in unlocking these negotiations and keeping everyone focused on finding a solution. |
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The Mediation Session
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Each party gives a brief account of how they see the dispute. The mediator will then discuss the issues involved with the parties, both individually and together. Once the mediator understands the key issues of the dispute and any areas of agreement, he can encourage the parties to think of possible solutions. If all goes well, a solution will be found to which all parties can agree. |
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