Procedure of Mediation
- The Referral Judges refer the cases, in which there appears to be an element of amicable settlement, to the Mediation Centres by directing the parties to appear in the Mediation Centre on a particular date.
- When the case is received in the Mediation Centre, the Nodal Officer of the Mediation Centre appoints a Mediator and the Mediator is informed accordingly.
- On the date fixed, the Mediator starts the process of Mediation between the parties. He may adjourn the matter as per convenience of parties to different dates to help parties in making up their mind.
- The Mediator cannot hold a case beyond a period of 90 days.
- If the case is settled, the Mediator drafts a deed of settlement in the presence of and in consultation with parties/their counsel and obtain their signatures/thumb marks thereupon, otherwise he sends the case back to Referral Court without making any observations about causes of failure of Mediation.
THE PROCESS OF MEDIATION
Mediation is a dynamic process in which the mediator assists the parties to negotiate a settlement for resolving their dispute. In doing so, the mediator uses the four functional stages of mediation, namely,
- Introduction and Opening Statement
- Joint Session
- Separate Session and
These functional stages are used in an informal and flexible manner so that the mediation process gains momentum, following a specific and predictable course as illustrated below. Each of the above phases reflects an essential pre-requisite in the dynamics of the mediation process which must be accomplished before moving to the next phase.