Answer: : Any person who undergoes the required 40 hours training as stipulated by the Mediation & Conciliation Project Committee of the Supreme Court can be a mediator. He also needs to have at least ten actual mediations before he can be accepted as a qualified mediator.

Answer:

• 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.

Answer:

• Quick and responsive
• Economical. There is no extra cost
• Harmonious settlement
• Creating solutions and remedies
• Confidential and informal
• Parties controlling the proceedings

Answer:

• 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.

Answer:

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.

Answer:

• 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

Answer:

• 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