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TRENDS OF
MEDIATION
IN INDIA
I realized that the true function of a lawyer was
to unite parties given as under. The lesson was
so indelibly burnt into me that a large part of
my time during the twenty years of my practice
as a lawyer was occupied in bringing about
private compromise of hundreds of cases. I lost
nothing thereby not even money; certainly not
my soul.
- MAHATMA GANDHI
WHAT IS MEDIATION?
These associations were invested with the power to decide cases based
on principles of justice, equity and good conscience.
PANCHAYATS AS MEDIATORS
Decision-making is in the hands of Decision-making is in the hands of Decision-making stays in the hands
the judge and jury an arbiter of the partners
The dispute is a matter of public The dispute is confidential The dispute is confidential
record. This can negatively
impact business relationships
Very long and expensive process Less extensive than litigation, but still Much shorter and less expensive
fairly long and expensive than litigation
Deals mostly with problems from the Deals mostly with problems from the Looks for ways to manage the
past. past. existing problem.
Does not address the relationship, Does not address the relationship, Addresses the relationship, property
only property and rights only property and rights and rights
SETTLEMENT AS PER REFERRAL
SAMPLE STUDY OF A DISTRICT
COURT AS PER CASES REFERRED
CONTD.
CONTD.
CASES SUITABLE FOR MEDIATION
Cases relating to:
Disputes between:
Suppliers and customers
Bankers and customers
Developers/builders and customers
Landlords and tenants
Licensor and licensee
Insurer and insured
Cases arising from strained or soured
relationships:
Disputes relating to matrimonial causes
Disputes relating to partition/division
among family members
Disputes relating to partnership among
partners
Disputes between neighbors
Disputes between employers and
employees
Disputes among members of
societies/associations
CASES NOT SUITABLE FOR MEDIATION
Voluntary process
Freedom to withdraw
from mediation,
without prejudice to
the legal position
ADVANTAGES OF MEDIATION
Direct engagement in negotiating
Cost effective
Confidentiality is maintained
-SHASHANK GARG