What are advantages of Mediation

Section 89 of  Civil Procedure Code (CPC)

Commercial Mediation in India was given life in 1996 when the Indian parliament amended the Civil Procedure Code (CPC) and introduced Section 89, which empowered courts to direct settlement of disputes by mediation amongst other means. This provision governs mediation in the court system in India. The year 1996 also saw the introduction of the Arbitration and Conciliation Act, 1996. The provisions of the Act govern private Mediation (Conciliation) in India.

Pre-Institution Mediation in India

Other legislation that covers mediation is the Commercial Courts Act, 2015, whereby it is mandatory for parties to exhaust the remedy of pre-institution mediation under the Act before instituting a suit. The Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018 (the PIMS Rules) have been framed by the government under the Act.

Mediation is resorted to as a means of dispute resolution as against the traditional adversarial mode of litigation.

Why choose Mediation

Dispute Resolution Centre of Thurston County has enumerated 10 main reasons to choose Mediation as:

Benefits of Mediation

1. Mediation is affordable.
2. Mediation is fair and impartial.
3. Mediation saves time and money.
4. Mediation is confidential.
5. Mediation avoids litigation.
6. Mediation fosters cooperation.
7. Mediation improves communication.
8. Mediation identifies underlying issues.
9. Mediation allows personalized solutions.
10. Mediation works.

Stages in a Mediation Process

1. Introduction and Opening Statement;
2. Joint Session;
3. Caucus or Separate Session and
4. Closing

The objective of these stages is to establish neutrality, create an awareness and understanding of the process, develop rapport with the parties, gain confidence and trust of the parties, establish an environment that is conducive to constructive negotiations, motivate the parties for an amicable settlement of the dispute and establish control over the process.