Articles
Mediation ;Purpose & Procedure
Mediation ;Purpose &
Procedure
1. Purpose
a)
Speedy disposal/Time saving
b)
Own choice
c)
Win Win position
d)
No appeal
f)
Reducing court burdens
2. Provisions
Section 2(25) "mediation" means the
process by which a mediator mediates the consumer disputes;
(26)
"Mediator" means a mediator referred to in section
74.
(1)
The State Government shall establish, by notification, a consumer mediation
cell to be attached to each of the District Commissions and the State
Commissions of that State.
Empanelment
of Mediators.
Selection
committee consisting of the President and a member of National Commission or
the State Commission or the District Commission, shall prepare a panel of the
mediators to be maintained by the consumer mediation cell attached to it, on
the recommendation of a
Section
75.
Important Actions (Section 75-79 )
·
A
panel of trained mediators shall be prepared by national commission and state
commissions of the state for mediation centers in the district commissions and
for the state commission.
·
Such
panel shall be prepared by the committee constituted with president and members
of the respective commissions.
·
Such
panel shall be valid for five years.
·
The
commissions after admitting the complaint shall see to it if both the parties
are willing to go for mediation .If commission finds any possibility of
mediation, shall refer the matter to mediation center. Such reference can be
made at any stage of the case subject to willingness of both the parties.
·
Parties
are given 90 days’ time to settle the matter. Which may be extended if
requested by parties or mediator looking into the possibility of successful
mediation.
·
In
case parties reach to some meeting point ,terms so agreed be reduced to writing
in the form of a settlememt document
(Section 80 -81 )
·
In
case some settlement is reached between the parties ,commission shall make it
an order of the court based on the agreed terms by the parties
·
Order
so made shall not be open to challenge for any party it being on the basis of
agreed terms signed by both the parties.
Process
of Mediation as per Supreme Court Mediation Committee Training Module
1.
Introduction and
explaining purpose and procedure;
Confidential
Not legal
Not Binding
Settlement on their own terms
No appeal once order made with consent of both
parties
2.
Joint Session
3.
Cocus sessions
4.
Agreement in writing
in clear terms and easy to enforce
5.
Copy to parties and
Sending to referral court for converting it to order
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