MOVING TOWARDS THE ULTIMATE DISPUTE RESOLUTION: MEDIATION

Mediation is a voluntary process which guides the disputant parties to reach at a mutually agreeable solution with the help of a mediator.It is is not a new concept. Its footprints existed in our ancient panchayat system which has played a significant role in all times. Lately, this system has been revived in rural areas and it has been given certain legal authority also. What we are talking about is ‘Mediation’ in its new form, developed in a manner that can be judicial in nature and following a methodology in order to arrive at a stage where both the litigating parties choose a mutually acceptable remedy. Mediation is being practiced at Delhi High court for the past few years successfully. Many pending litigations, concerning property matters and matrimonial matters which had dragged for years, have been solved through mediation.

 

Need of the day

The Delhi Government has taken an initiative to setup mediation centers for adjudicating the matters right from the grass root level. The Delhi Dispute Resolution Society has been constituted for the purpose under department of Law and Justice and the Government of NCT, Delhi. Six mediation centers have already been setup till now. While three among them are effectively functioning, the other three are yet to complete their infrastructural requirements.

 

Mediation centers:

 

1   State Consumer Dispute Redressed Commission, Vikas Bhawan I.T.O. New Delhi-110002

      2.   K.G. Marg, District Consumer Redressed Forum, New Delhi-110001

3.      Udyog Sadan, Patparganj Industrial Area, Delhi

4.      Delhi Transport Authority, Rajpur Road, Delhi-11

5.       Parliament Street, near police station, New Delhi

6.      Ambedkar Bhawan, Sector -16 Rohini, Delhi-110085

 

                              Basic Concept:

 

Mediation is a voluntary process in which an impartial and neutral mediator tries to bring together the disputant parties to arrive at a mutually agreeable solution. The parties have an opportunity to ventilate their grievances and feelings and thereafter work out the solution to meet their satisfaction. The mediator does not decide or impose any solution on the parties but creates an environment to enable them to reach an amicable settlement.

     

How to make reference for mediation:

Type-1

 

Under section 89 of Civil Procedure Code, reference can be made by the court. In case of failure or non-compliance of mediation settlement, the case is referred back to the court.

      Type-11

The settlement can be done with the terms and conditions and thereafter they can contact the court for converting it to a decree.

      Type -111

Through arbitration clause, the settlement converted to decree and award.

 

Benefits:

 

1.      It reduces appeals as no appeal lies from any settlement duly agreed between the litigating parties and after having put their signatures to it.

2.      There is a ‘Win-Win’ situation for both parties.

3.      Both parties can participate and adjudicate the matter in their own way without having any feeling of imposition.

 

Scope:

     

Almost all kind of disputes can be brought under the umbrella of mediation like property matters, matrimonial matters, intellectual property laws etc. The Delhi Government has very extensive plans on the issue.

Society constituted for achieving targets:

 

Neighbourhood matters:

 

Parking, Noise, Nuisance, Destruction, Maintenance of property etc.

Family:

 

Parent, Child custody, Visitation, Adult guardianship, Restitution, Divorce, Domestic violence etc.

 

School:

 

Special education, Minor complaints, Corrections

Commercial:

 

Consumer, Merchant, Small claims, Workplace, Accident compensation etc.

 

Miscellaneous:

 

Human rights, Minor criminal victim, Disabilities, Cross-cultural, Religious, Charitable multi-party etc.

 

Looking Ahead:

 

Noticeably, the advocates did not like the mediation theory in the beginning but they have now become a part of the mediation system and many reputed lawyers are contributing in resolving the matters through mediation. Many complicated family disputes, which have been pending before the courts for long periods, are settled between the parties as it has provided them a platform to come face to face. And now the parties are more interested in looking forward to their future benefit rather than brooding over the past unpleasant experiences.  

 

Who can be the mediator?

 

1.      Lawyers who have undergone training as prescribed by Mediation and Conciliation Project Committee [MCPC] of the Supreme Court of India and have got the certificate of trained mediator.

2.      Respectable citizens of the locality who have to undertake prescribed training by DDRS.

3.      Retired officers, Judges, Bureaucrats, Social Workers etc.

 

Come and join this venture voluntarily…

All are welcome!

 

      -

 

 

      Dr. Prem Lata

The author is a member of Consumer Forum, Delhi.

 

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