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Mediation: Constituents, Process And Merit

The philosophy of ADR is to motivate people to resolve their disputes amicably and for this purpose it is necessary to examine ADR's main trends and underlying objectives. Mediation has helped in reducing the pendency considerably. So much so that mediation is considered as a recognized tool to settle the dispute between the parties prior to filing of a case and even during the trial.

Focus on mediation has reduced the pendency of cases considerably and relieving the courts of unnecessary burden and leaving them free to decide cases of public importance which require the expertise of the court. The time has come for the judges to shed their traditional neutrality and to adopt a pro-active role, the law officers must remember that their duty was not only to decide the list of cases brought before them but to settle the dispute forever.
 
Definition:
Mediation is a structured process of dispute resolution in which a mediator, a neutral person trained in the process of a mediation, works with the parties to a dispute, to bring them to a mutually acceptable agreement. The mediator does not decide the dispute or give an award. He is only a facilitator and in charge of the process of mediation. The Mediation is a purely voluntary process in which parties continue out of their free will.

Suggestions
Intensive training of concerned judges, lawyers and the court staff is a must. The training will be on a continuous basis and JOTI should have an instructor on its pay roll to impart training on Mediation to different tiers of trainee- judges, including new entrants to the Judicial Service. A batch of trainers should be created to take up this arduous job in all the districts.

Mediation will have a-smooth transition if it is introduced on a pilot court basis. The performances, results, reactions among pilot court judges, practicing lawyers and the litigants should be carefully monitored and recorded and suitable adjustments in the Mediation project should be made at each stage of extension after an exhaustive study of the experienceLabor Courts and Small Causes Court are the two areas where mediation should be introduced immediately on a priority basis, amending the two special legislations.

By above discussion it is clear that Mediation is very useful and Every New Institutional Framework must be brought about three Stages. The First Stage is bring awareness, the second acceptance and third implementation.

Although the proper stage to do so is after receiving the written statement, I would suggest 'at any stage of the suit' to cover backlogs

Advantages of Mediation:

When Mediation works it is an effective means of dispute resolution for any dispute not requiring a judicial or third party determination. It provides a forum and an atmosphere in which parties gain understanding, become understood, and work together to explore options for resolution. By resolving disputes in mediation, parties determine for themselves what is important and, ultimately the outcome of the situation. While the benefits of mediation vary somewhat depending upon the nature of the dispute, and model of mediation applied, the following are some of the benefits typically associated with mediation:

Recognition:
In hearing and being heard in the mediation forum, parties gain the understanding of the other parties point of view, and an enhanced opportunity to be heard and understood themselves.

Use of Mediation in Reducing of Pre-litigation:

Sometimes, pre-litigation mediation or early mediation are not options. The other side will not agree, the risks to either side are not clear yet, discovery needs to be taken. But, where the time is right, the benefits to all may make pre-litigation mediation the creative strategy. There are various reasons to do a mediation before suit is filed. First, litigation can be very emotionally draining on plaintiffs, especially in very emotional cases. Time away from jobs and family may be yet another justification and motivation for pre-litigation mediation. All in all, there is a move to mediate early in the process.

Conclusion
Do you know In America almost 96 % cases get disposed through Mediation in ground level. Every Civil Case put before the Mediator authority at first instance and then mediator authority clear all aspect between parties and lawyers never misguide the parties of suit and if any question of law involved in that case, parties go before trial Court.

A pilot project like Delhi & other Metro District
Courts should also be adopted in Chhattisgarh State.From the above discussion, it is clear that:
Mediation will become revolutionary for our judiciary. For the aforementioned purpose, the government and the judiciary have to undergo the process of judicial review seriously both an operational and structural level. If all the players viz., the Government, the Judiciary, the Bar and the litigants take a concerted action in co-operation with each other, there is no reason as to why all stakeholders, should not reach consensus on the programme. A full-time professional mediator involved in resolving disputes throughout the District level is required.

First two letters of Mediation is 'ME'
but it become more effective if it's
implemented by the concern of 'WE'.

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