Legal Systems in India 1 - Mediation

 

When we used to get into fights as a child, we used to have a senior person – a teacher for fights at school or a parent for fights at home, to come down and listen to our sides and give a judgment. Some smarter ones lead us to judgements. The matter was discreet in most cases and the solution was reached.

Mediation is a similar kind of process in a more formal set up, where the two concerned parties come together to discuss and put forward their point between a mediator. The mediator is a neutral person and doesn’t decide or pronounces an order. He/she neutrally guides us and encourages open discussions. The rules of evidence, examination, and cross-examination are generally followed during that process. Mediation falls under the ADR (Alternate Dispute Resolution) process. There can be two ways one can get into mediation. One is court-referred mediation, under section 89 of the Code of Civil Procedure 1908 where the court asks the two parties to try that method. The second is the privately two parties can look forward to the mediation and make sure that they arrive at a neutral position, saving time and money from general litigation.

Mediation has been used a lot in family matters and divorce cases, among others and it tends to work better. But if you are not reaching a conclusion that is accepted by both the parties, you can always file a case in the courts.