Mediation India is an initiative of Atul Sobti, who is a trained and certified Mediator and an Advocate registered with the Bar Council of Delhi. Mediation India intends to create an effective, leading platform for the advocacy of Mediation as a first choice dispute resolution mechanism for any dispute (esp. of a civil, commercial nature).
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In the Indian context, especially after the enactment of The Mediation Act in late 2023, Mediation is rapidly emerging as a preferred dispute resolution method (esp. for disputes of a civil, commercial nature). A Mediator facilitates the interaction with and between parties, by enabling a trusting space that offers privacy and confidentiality. The Mediator helps the parties move towards a collaborative resolution of their dispute.
Mediation is ideal for any civil or commercial dispute that has arisen among parties over some anticipated or actual breach of an agreement or contract in any form between them – eg. Disputes with or within family businesses, partnerships, MSMEs, corporates, public corporations.
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Mediation can be availed at any stage of a dispute – when the dispute has just occurred, or while a party is thinking of legal action of some type, or even while parties are in court or Arbitration. In fact Mediation can also be availed when any party is anticipating a dispute because of some actions taken or not taken.
Read More...Mediation is an integral part of the Alternative Dispute Resolution (ADR) framework, like Arbitration. ADR refers to options for dispute resolution outside of the formal court process.
Is Party-centric
Is Voluntary
Is Private
Is Confidential
Is Flexible
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Offers Substantial Time And Cost Savings Over Other Dispute Resolution Systems
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It needs the mutual positive intent of the parties to want to resolve the dispute
The choice of persons representing the parties is critical - the chosen persons should be duly authorised, with clear authority to decide any outcome
The Mediator’s role is central - (s)he should be neutral, and have the requisite knowledge and aptitude
There should be positive support from the Advocates/lawyers of the parties, to undertake Mediation in sincerity, as it is the best option for their parties to actually resolve their dispute. The fall back to Arbitration or courts is always available
A Mediation can be initiated by either party contacting a Mediator, even where there is no such written clause or agreement between the parties. The Mediator would explain the process and benefits of Mediation to the party, and then contact the other party for their concurrence
However, a ‘Mediation clause’ in an agreement or contract would make it simpler and faster to initiate a Mediation in the event of a dispute between the parties
Read More...The choice of a Mediator should be based on 2 broad factors: Skills (hard/soft) and (relevant) Experience
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Email Us : contact@mediationindia.in
Call Us : +91-9818297454
