F.A.Q. : Mediation Centre
1. WHO CAN MEDIATE ?
2. HOW IS MEDIATION DIFFERENT ?
- Mediation is an informal process.
- There are no strict or binding rules of procedure.
- Mediation is completely confidential process.
- Mediation enables disputing parties to interact even on a one-to-one basis.
- Mediation is completely voluntary process.
- Mediation enables the parties to be the key players in the dispute settlement process.
- It is an inexpensive and speedy mode of dispute resolution.
- Mediation is interests based rather than rights based.
- Mediation enables parties to settle their own terms of agreement.
3. WHAT ARE THE BENEFITS OF MEDIATION
- Quick and responsive
- Economical. There is no extra cost
- Harmonious settlement
- Creating solutions and remedies
- Confidential and informal
- Parties controlling the proceedings
4. MEDIATION VERSUS LITIGATION
- No loss of time in mediation.
- No financial investment is required in mediation.
- Mediation preserves ongoing business or personal relationships.
- Mediation allows flexibility, control and paticipation of the disputing parties.
Mediation is far more satisfactory way of resolving disputes as compared to litigation. There is no appeal or revision in a mediated case and all disputes get finally settled.
5. IMPACT OF MEDIATION
There is no doubt that Mediation has had a significant impact on dispute resolution all over the world.
- In Bangladesh, mediation has been extremely successful in delivering justice to the poorer sections of society.
- In America, mediation is the norm of dispute resolution and litigation is the exception.
- In England, the courts do not award costs if a litigant unreasonably rejects mediation as an alternative dispute resolution mechanism.
- In India, mediation has shown significant results in dispute settlement in Bengaluru and in Chennai, both of which have very vibrant mediation centres running sucessfully for a long time. The district courts of Delhi are presently running three mediation centres in different parts of the city and have resolved more than 12,000 cases so far.
6. DO'S FOR EFFECTIVE MEDIATION
- Believe in the process and believe in the people.
- Be familiar with the facts and the issues.
- Develop a suitable opening that covers the role of the mediator, the principles of mediation.
- Be brief, confident, positive and flexible
- Show empathy, build rapport, reinforce neutrality, and do so equally with the parties
- Encourage parties to make an effective opening statement
- Spend time clarifying the issues in dispute
- Acknowledge emotions and allow feelings to be vented
- Encourage all to contribute to the proceedings
- Check if there have been previous settlement offers
- Have patience, let the parties own the problem and the solution
- Listen a lot
- Build momentum
- Encourage the parties to communicate with each other
- Devote time and patience to the drafting stage
- Keep the door open if the mediation does not settle
- Maintain your energy; take breaks; look after yourself, physically and emotionally
7. SOME DON'TS FOR EFFECTIVE MEDIATION
- Don't be fazed, and if you are don't let it show
- Don't get swamped by detail
- Don't appear to be a judge or arbitrator
- Don't suggest
- Don't impose your solution
- Don't take lots of notes
- Don't make assumptions about parties,causes, merits or fairness
- Don't criticize poor preparation, presentation or negotiation by parties
- Don't interrupt
- Don't play devil's advocate
- Don't put a party into a corner with no exit
- Don't give up
- Don't press for settlement at any cost
- Don't be too hard on yourself if the mediation does not settle