Mediation is the simplest form of Alternative Dispute Resolution operated outside of the court. It is a process where a Mediator, id est a Neutral person, helps to resolves disputes between two parties and reach an agreement.
History of Mediation
The process of mediation may sound new to many people but it can be dated back to the ancient times of Mahabharata where Lord Krishna used mediation as a tool to resolve family disputes and issues between the Pandavas and the Kauravas. After modernization and the introduction of the Anglo-Saxon system of law, the use of Mediation Peterborough has depleted over time.
Need for Mediation
Litigation is a long drawn process which consumes a lot of time and money. With a backlog of large pending cases and huge expenses incurring as court fees, advocate fees, and heavy clerkage, litigation has become a very rigid system. Mediation, on the other hand, helps to reach solutions in a faster and cheaper way where disputes are solved within days and at less cost than that of litigation.
How are Mediations held?
In the process of mediation, the parties bring up the matter to the mediator. The mediator first understands the matter and hears both the parties to the dispute. After the hearing, he then reaches a conclusion to the dispute which involves some agreement and compromise between the parties.
The mediator then makes a note of the issues and forms a settlement agreement. The parties can then approach lawyers for recommendation before signing the agreement. The mediators do not give any legal advice nor do they present the parties in court. After the finalization of the settlement agreement and the signing of the same, the mediation process is completed.
Features of Mediation
- Quick Process: Mediation is a faster way of reaching agreements and solving disputes.
- Cost-Effective: Mediation is less costly than that of litigation.
- Voluntary Solution: It is more of a voluntary process between the parties and not a binding or order of a court.
- Flexible: The parties themselves can choose the mediators they want based on their field of expertise.
- Confidential: Mediations are held in private conferences and is a confidential process.
- Convenience: The parties can set the meetings and hold the mediation according to their own mutually decided timings and locations.
With the rise of modernization, there has been a rise of litigation, therefore, bringing huge pendency of cases and high expenses. Mediation is an age-old alternative for litigation providing a quicker, convenient and less expensive solution.