Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)

E-mail login                       Password

Free Email Sign Up

Main Categories
 Accident Law
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscribe now and receive free articles and updates instantly.


Copyright Registration

To Copyright Your Books, Videos, Songs, Scripts etc
Call us at: 9891244487 / or email at: admin@legalserviceindia.com
Top Law Colleges

Law Updates:

# Income-Tax
# Family law
# Company Law
# Constitutional Law
# Partnership firms
# Immigration Law
# Cyber Law
# Lok Adalat, legal Aid & PIL
# Forms
# Trademarks
# Woman issues
# Medico Legal
# Consumer laws
# Criminal laws
# Supreme Court Judgments

Published : May 05, 2015 | Author : Nishanth.Maka
Category : family law | Total Views : 2334 | Rating :



Role of a Mediator in the Process of Mediation

Abraham Lincoln once said, “Discourage litigation. Persuade your clients to compromise, whenever you can. Point out to them the nominal winner is often a real loser- in fees, expenses and waste of time. As a peace maker, the lawyer has a superior opportunity of being a good person”.

The justice delivery system prevalent in India is of adversary nature. It pits the disputing parties against each other, causing much ill will amongst them. One of them has to win and the other has to lose. This not only harms their social relationship but also the economic conditions of the concerned parties. Nevertheless the process of litigation is usually an expensive and cumbersome one. It is well known that litigation involves a lot of technicalities, which in their actual functioning cause a lot of delay and unnecessary costs leaving a stain and stigma of enmity on both the parties. Moreover, in the wake of globalization and liberalization, to attract foreign investment in India, a friendly, speedy and less costly justice delivery system became the need of the day, together with a responsive infrastructure.

This is where an alternative to the usual judicial system becomes most essential. Hence, we have Alternative Dispute Resolutions.

As the term suggests, alternative dispute resolutions are dispute resolution techniques other than that of litigation.
In India, Arbitration and Conciliation Act, 1996 provides the guidelines for ADR in India. The model laws set by the United Nations Commission on International Trade Law (UNCITRAL) guide it. Section 89(1) of the Code of Civil Procedure also provides for settlement of disputes outside the courts.This form of dispute resolution can be classified into four broad types: 1) Arbitration 2) Mediation 3) Conciliation 4) Negotiation.

Mediation is a negotiation process where a neutral third party assists the disputing parties in amicably resolving their disputes. Mediation is known to be party-centered, meaning that the whole process revolves around the parties. They get to decide the outcome of the whole process.

Mediation has found rising popularity in India, especially in case of marital disputes. The courts themselves ask the parties to try resolving the matter through mediation so that they may reach a more amicable solution. It has been found that many a times couples go in to court and file for a divorce on grounds which are otherwise not maintainable under law. The court can only consider the facts that have been given to them, and if the law supports the facts at that time, then divorce is granted. More often than not, these situations can be resolved without necessarily breaking off the marriage. Sometimes the parties only need an experienced person to hear them out. This is why Courts suggest these married couples to go through mediation and try resolving the matter before divorcing their partners. Even in case of property disputes, mediation tries to resolve the matter in a manner, which tries to appease both parties as much as possible. Clearly there are many advantages of mediation over litigation in terms of cost effectiveness, time consumption and flexibility as far as the guiding principles are concerned. In mediation, the parties can even forego their legal entitlements if it means coming to an amicable settlement.

It must be borne in mind that mediation does not and is not necessarily meant to solve problems or disputes which patently on the face of it are illegal or illegitimate, as such mediation will be more beneficial to the law breakers, who intentionally break laws to their benefit and seek for mediation as an alternative to solve their problems, which do not enjoy any form of sanctity in law or on facts.

Mediation thus looks to resolving legitimate matters in a peaceful manner. In the whole process of mediation, a mediator has an important role to play as well.

The Mediator is a neutral third party who assists the disputing parties in their quest for a settlement. Even though the parties are the ones who get to decide the outcome of the mediation, it is the mediator who first initiates the meeting, discuss of the problem and then assists the parties to find possible solutions. The main points to keep in mind for a mediator are impartiality and neutrality. He has to be completely unbiased at all times. He doesn’t have an option to take any party’s side.His foremost task is to act as a Catalyst between the parties. He must take necessary steps to facilitate the talks between the parties and act as a guide while assisting them to reach a solution. He is not allowed to give his opinions on the case. But he can evaluate the case, give the parties an idea of what the consequences might be if the case is taken to court and then give the parties a few ideas or possible solutions that could help resolve the dispute, meaning that he may take a shot at playing the devil’s advocate.

In case of litigation, there are a number of scenarios where the parties choose to hold back some information, which may otherwise if revealed, cause the case to take a drastic change. But in case of mediation the parties actually get a chance to sit in solitude with the mediator and discuss their end of the problem. Here, it is the mediator’s job to draw out the party from his defensive shell and make them reveal the truth. While doing so, it is the mediator’s job to keep the party reassured that the words said in his presence shallbe kept completely confidential.

A mediator hence facilitates the interaction between the parties and encourages communication between them so as to arrive at an amicable settlement. He also assists each of the parties in evaluating the situation, find out the possible outcome if the matter is taken to trial and then see how best the opportunity of mediation can be made use of.

Thus, even though mediation is a party-centered process, the mediator forms a very significant block in the structure that is mediation.

1 2 3 4 5
Rate this article!     Poor

Most viewed articles in family law category
Salient features of the Hindu Marriage Act, 1955
Succession to the property of a Hindu Male
Child Custody & Guardianship
Sources of Hindu Law
Karta of a Family / Hindu Law
Irretrievable Breakdown of Marriage
Domestic Violence Against Women Causes And Cure
The Road to Becoming Parents
Mediation In Divorce
Married womans right over spousal property
Right to marry
Restitution of Conjugal Right
Need of Special legislation on live-in-relationship
Status of Children born in Live in Relationships
Live-in- Relationship and Indian Judiciary
Most recent articles in family law category
Uniform Civil Code in Goa
Dowry laws: Loopholes and Possibilities of misuse
Hindu Marriage A Journey From Sanskar to Philosophy
Understanding 498a cruelty
Restitution of Conjugal Rights
Right To Maintenance Section 125 crpc
Cruelty - as a ground for Divorce
Role of a Mediator in the Process of Mediation
Abuse of Domestic Violence Act
Moral Education necessary part of the Education
NRI Marriages
Domestic Violence Against Women Causes And Cure
Annulment of Marriage under Hindu Law
Inconsistencies In Special Marriage Act, 1954
Irretrievable Breakdown of Marriage

Article Comments

there are no comments...

Post Your Comments


Your comments

Note : Your email address is only visible to admin, other members / users cannot see it.

You can use following FXCodes

BOLD : [b]
Italic : [i]

[b] Legal Services India [/b] is a [i]nice website[/i].
[url= http://www.legalservicesindia.com/article/ ]click here to visit.[/url]

Legal Services India is a nice website.
Click here to visit


Note : Currently, user comments are moderated and will be posted only after approval.

Please login or register a new free account.

Random Pick
Contempt of Court is not a new concept either to the Judiciary or to the People of India. The Judiciary has, through several of its judgments, has clarified the concept of Contempt of Court and has awarded punishments too.This article is discussing the criminal aspects of the Contempt of Court along with the relevant case laws...

» Total Articles
» Total Authors
» Total Views
» Total categories

Law Forum

Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers


India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
 ISBN No: 978-81-928510-1-3