Mediation is an effort to settle legal disagreement through active participation of the third party who works to find points of agreement and make those in conflict agrees on a fair result. Now a day’s mediation has become very common in solving the disputes related to domestic relations and in such cases the judge makes an effort to resolve the domestic problems. In contract and civil damages also mediation has become more popular to solve the disagreement. There are professional mediators or lawyers who do some mediation for substantial fees, but the financial cost is less than fighting the matter out in court and may achieve early settlement and an end to anxiety. Basically in simple words mediation refers to any command in which the third party helps others to agree on a fair result and the mediation also depends on the skill and techniques of the mediator’s. Now the mediation process is used in law as a (alternative dispute resolution) ADR form to solve disputes between two parties.
The Principles of Mediation
Mediation helps the parties understand the reasons behind the conflict and agrees on ways of future interaction and behaviour. The most important principles of mediation are:
1. Voluntariness
The voluntary commitment of both parties is essential for the mediation’s success - both parties are free to leave the process at any time, at which stage the mediation will end. Both parties are then free to use the other dispute resolution options available to them if they wish.
2. Impartiality
The mediator remains impartial at all times and does not take any sides or make judgements - any agreements are made by the parties themselves. Mediation is not about disputing parties blaming each other and it is not about who is right or wrong - it is about understanding what has happened, where things may have gone wrong and agreeing on a way forward.
3. Confidentiality
Discussions during the mediation process and any agreements remain confidential at all times unless both parties agree otherwise.
BENEFITS OF MEDIATION
The benefits of mediation include:
Cost Effective-While a mediator may charge a fee comparable to that of an attorney. The mediation process generally takes much less time than moving a case through standard legal channels. So it does not only save time but also it is cost effective.
Confidentiality-Many a time we like to keep many cases secret. But it is not possible in the court. If we solve problems through mediation then the conflict can be kept confidential between the two parties only. Many mediators often destroy their notes that are taken during mediation once that mediation has been resolved. The only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts.
Control-In many such cases it becomes difficult to control the parties. It is the skill of the mediation which helps to increase the control between the parties after the resolution. Thus mediation is more likely to produce a result that is mutually agreeable for the parties.
Compliance-Because the result is attained by the parties working together and is mutually agreeable compliance with the mediated agreement is usually high. This further reduces the costs because the parties do not have to employ an attorney to force compliance with the agreement. The mediated agreement is however fully enforceable in a court of law.
Mutuality-Parties to mediation are typically ready to work mutually toward a resolution. In most circumstances the mere fact that parties are willing to mediate means that they are ready to move their position. The parties thus are more amenable to understand the other party's side and work on underlying issues to the dispute. This has the added benefit of often preserving the relationship between the parties that both had before the dispute.
Support-Mediators are often trained in working with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties think for possible solutions to the dispute and thus broadening the range of possible solutions between the two parties.
Personal Empowerment- People who negotiate their own settlements often feel more powerful than those who use surrogate advocates, such as lawyers, to represent them. Mediation negotiations can provide a forum for learning about and exercising personal power or influence.
Greater Degree of Control and Predictability of Outcome - Parties who negotiate their own settlements have more control over the outcome of their dispute. Gains and losses are more predictable in a mediated settlement than they would be if a case is arbitrated or adjudicated.
Workable and Implementable Decisions- Parties who mediate their differences are able to attend to the fine details of implementation. Negotiated or mediated agreements can include specially tailored procedures for how the decisions will be carried out. This fact often enhances the likelihood that parties will actually comply with the terms of the settlement.
Comprehensive and Customized Agreements- Mediated settlements are able to address both legal and extra-legal issues. Mediated agreements often cover procedural and psychological issues that are not necessarily susceptible to legal determination. The parties can tailor their settlement to their particular situation.
Taking your case to court is not the only way to get the results you desire. Arbitration and mediation are also good ways to get the outcome you want but for less time, expense, and reduced risk.