FREQUENTLY ASKED QUESTIONS
Basic Mediation FAQs
What is Mediation?
Mediation is an amicable way of resolving disputes wherein a Mediator who is an impartial conflict resolution professional, helps disputing parties address their differences in an amicable, constructive manner so that they arrive at a mutually satisfying resolution together.
What is the Role of a Mediator?
Mediators use the convening authority vested in them to help disputing parties mend broken relationships by addressing the underlying issues, interests, and needs, to find common ground, that results in a win for all involved.
What makes the Mediation process special?
The Mediation process is unique as gives the parties involved the autonomy to participate in a problem-solving mode to find solutions that work for all involved, in a confidential manner.
The Mediator has the responsibility to ensure that all Parties involved have an equal voice in the Mediation process and that the Mediated Solution is legal and conforms to the laws of the land.
Is Mediation Legal?
Mediation is a legally accepted, conciliatory method of dispute resolution that is increasingly being preferred over adversarial methods like litigation and arbitration, because Mediation offers a long-term interest-based win-win resolution for all involved.
How is Mediation different from Litigation and Arbitration?
Mediation is a conciliatory form of dispute resolution, while Litigation and Arbitration are adversarial methods. Unlike in Litigation and Arbitration, there is no Judge, Jury, or Arbitrator in a Mediation. The final solution is decided by the Parties themselves, facilitated by the Mediator.
What is a Mediated Solution?
A Mediated Solution, also called a Mediated Settlement, is the mutually agreed resolution of a dispute, documented and signed by all the Parties involved. It is signed voluntarily by the Parties involved after a successful Mediation, and its terms are enforceable under various provisions of the law and civil procedures.
Mediation Process FAQs
What are Mediation Protocols and Rules?
Although the process of Mediation itself is flexible and customized by Mediators as per requirements of dispute and participating parties, the Mediation Mantras Mediation rules attempt to streamline and incorporate the best international practices that have made business and commercial Mediations successful worldwide. Decorum, openness, confidentiality and dialogue are the key principles enshrined in these rules.
How do I choose a Mediator?
Mediation Mantras offers all conflicted parties a panel of Mediators to choose, from by mutual consent. This is done after receiving joint agreement by the parties. The Mediation Mantras panel has carefully selected, professional Mediators with rich and diverse experience.
You can choose one that you are most comfortable with, based on various factors like their sectoral experience, and Mediation history.
To reassure you, the Mediator do a self-evaluation, to ensure that they do not have any bias, prejudice, interest, or conflict of interest, in connection with your case.
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How long does a Mediation take?
The duration of time spent in Mediation is determined by the nature of the case. Most problems are resolved in 3 sessions of 60 minutes each. Some disputes that are long-standing can take more time if the issues are complex, but certainly much less time than the litigation process.
Who can Attend a Mediation
All the Parties involved in a dispute must attend the Mediation.
Due to the confidential nature of a Mediation, no audience will be allowed into a Mediation.
In the case of individuals in a dispute, the individuals must participate in the Mediation themselves.
In case the dispute is with organisations, the organisation must delegate an individual to participate in the Mediation, with the authority to take decisions on behalf of the organisation.
It is entirely up to the parties’ discretion if they choose to be assisted by a lawyer to give legal advice.
The entire Mediation process is made simpler without any legalese so that the parties can negotiate effectively.
However, depending on the complexity of the issue in certain cases, the Mediator may recommend that the parties consult a lawyer if they feel their rights and interests are affected.
What is the Privacy Policy in Mediation
All personal information is kept confidential and disclosed to concerned persons and third parties only on a need-to-know basis as per applicable laws.
What is the Confidentiality in a Mediation Process?
Confidential information can be shared by the parties with the Mediator, who does not disclose the same to the other side unless requested to do so by the disclosing party. Views, suggestions, offers, admissions, statements made, evidence produced, proposals made during Mediation proceedings cannot be used in any legal proceedings.
What does Autonomy of the Parties mean?
It means that the Parties have control over the outcome of the Mediation. They are given a voice on the table where they can express their needs and interest which forms the basis of finding a common ground for a win-win solution.
FAQs Around Mediated Solutions
What are the chances of success in Mediation?
The congenial process of Mediation and the expertise of the Mediators makes a huge difference in the outcome. Successful outcomes also have a lot to do with the parties’ willingness to settle and a positive mindset and approach.
Even the most basic solutions will fail if someone is determined to keep a dispute alive.
If the parties approach it with an open mind, and have a genuine intent to close the matter gracefully and efficiently, Mediation has an almost certain probability to accomplish it.
Statistics indicate that Mediation has a success rate of 70-75%.
Who Decides the Result of a Mediation?
The parties to the Mediation control the outcome. The Mediator usually helps the parties draft a written settlement agreement which is executed by both the parties.
Is a Mediated Solution/Settlement Enforceable?
Mediation is legally sanctioned, promoted, and practiced, under the CPC (Amendment) Act 1999, the Companies Act (2013), and the Commercial Courts Act (2015). However, since a Mediated Solution is decided and signed voluntarily by the Parties themselves, the need for enforcement should not arise.
Are Parties Bound by the Result of a Mediation?
The results of a successful Mediation are binding on to the parties in the form of an agreement which is signed by both the parties. However, if the Mediation is not successful, the parties are free to approach the Courts or proceed with Arbitration.
What happens if a Mediation Fails?
If no agreement is achieved, the Mediator declared that the Parties have not reached an agreement without providing any reasons. None of the issues discussed or admissions made, or solutions suggested in the Mediation can be enforced against the other Party.
How is the Outcome of a Mediation Determined?
The parties to the Mediation control the outcome. The Mediator usually helps the parties draft a written Settlement Agreement which is executed by both the parties. Where a court or an Arbitral process is concurrently under way, this can be filed with the forum concerned.