Mediation

Presented by :Presented by :Mahesh S. LoneMahesh S. Lone

Alternative Dispute Resolution Alternative Dispute Resolution (Mediation)(Mediation)

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'Alternative Dispute Resolution' is a term for any process for resolving disputes with the help of an independent person without having a court hearing.

Types of 'A D R'Types of 'A D R'

* Arbitration

* Conciliation

* Lok-Adalat

* Mediation

Mediation

The art The art of of

facilitating facilitating settlementsettlement

What is mediation

* Mediation is an informal way of solving a dispute.

* At mediation, the people involved in a dispute come together with the help of a neutral person called a 'mediator' to try and settle the dispute.

Who is a mediator ?

* The mediator is the neutral person who helps parties to understand the problem & talk to each other.

* Mediator suggest options to the parties

*The mediator facilitates parties to come- up with solutions.

*The mediator after reso- lution of dispute explain terms of settlement to the parties

What does mediator do ?What does mediator do ?

The mediator will not do The mediator will not do

* A mediator will not take sides of any party.

* Cannot give parties legal advice.

* A mediator will not tell parties what agreement they should make.

* A mediator should not make a decision for parties. * A mediator should not decide who is right or who is wrong.

* A mediator should maintained not reveal discussion.

The mediator will not do The mediator will not do

Suitable cases for mediation Suitable cases for mediation

Civil cases Marriage cases

Accident cases

Labour cases

Criminal Compoundable cases

Non suitable Cases for mediationNon suitable Cases for mediation

Representative Suit

Election petition

Cases involving serious matter eg. Fraud Fabricating of false documents.

Cases involving prosecution

When does mediation happens When does mediation happens

Mediation can happen at any time.

* Immediate after a court case is started.

* During pendency of matter.

* After a decision is made in a Court case Eg- in appeal, in execution, in inquiry proceeding etc-

* Some Courts and tribunals ask you to try mediation as a first step for resolving

disputes. Eg. family court, .

Steps of Mediation

ADVANTAGES OF MEDIATIONADVANTAGES OF MEDIATION

Thank youThank you