eJournal Sept 2021 Volume 6 - Flipbook - Page 9
This is done under the guidance of a trained Mediator, whose job it
is to spot common ground, remove the emotions from the dispute
and generate alternatives one of which could become the final
solution.
The greatest strength of this process is that the process is kept
entirely confidential to encourage Parties to speak the truth rather
than stick to the stand taken officially.
None of the discussions or revelations made in course of
Mediation can be used in Courts of Law nor can a Mediator be
called to give evidence.
The process strives to give a quick, inexpensive outcome while
preserving relationships.
Most Courts in India now have Mediation Centers annexed thereto.
A mediated settlement is reduced into writing and is made an
Order of the Court and therefore can be implemented.
Since it is an Agreement between Parties, the question of any
further Appeal does not arise and the issue is given a quietus.
Given the multitude of advantages, it makes complete sense to try
Mediation as the preferred ADR choice.
The need to Mediate, is immediate!
Dispute resolution and the
alternative
P V Balasubramaniam
