Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences.
In simple words, mediation is a procedure where both parties selected the trained impartial third person or persons to resolve their dispute ,who is impartial to both and help them in reaching a settlement where both the parties are agreed after the end of the process. It may be an informal meeting among the parties or a scheduled settlement conference.
What is mediation and how does it work?
Mediation is where parties in dispute try to negotiate an agreeable settlement with the help of an impartial third person, who mediates between them.
The mediator assists the parties through a discussion process with the objective of helping them find that settlement at the end.
The three main styles of mediation are evaluative, facilitative, and transformative.
Mediation can continue while it meets the needs of the individual parties involved. The initial meeting lasts approximately 45 minutes.
Full mediation sessions will usually last between 1 to 2 hours, depending on the complexity of the situation.
There are five stage in mediation
Stage 1: Opening Statements. ...
Stage 2: Joint Discussions. ...
Stage 3: Private Discussions. ...
Stage 4: Negotiation. ...
Stage 5: Settlement.
Mediation is available in most non-criminal cases. Notwithstanding, some non-violent criminal cases, similar to those including verbal badgering, often bring about a fruitful resolution during mediation.
Matters that don't include a lawful or legal issue are also acceptable candidates for mediation.
Once the mediation process comes to an end, your mediator will issue you with a concluding document that will set out any agreements reached.
You will receive either; A Statement of Outcome, containing a summary of your final agreements.
The mediator will usually want to see each of you on your own before any joint mediation sessions can take place.
If you don't respond or decline mediation without a good reason, you will usually have to explain why you declined mediation to the judge, if your case subsequently goes to court.
Mediation agreements are not legally binding.
The advantage of this is that the agreement is flexible and can be changed to suit the parties. It also means there are no legal consequences on either party for not complying.
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Adv. Mandeep Singh
Mobile no. 8920674632