Mediation Law: A Neglected Alternate Dispute Resolution Mechanism

The burden on the Indian judiciary can be reduced only with an efficient alternate dispute resolution. Mediation is one such mechanism. Mediation has mediators and the process is very friendly and hence very efficient. The author speaks more about the same.

Mediation is a kind of alternative dispute resolution. Here, a third party, settle the dispute which has been aroused by two other parties .the third party who settle the dispute is known as a mediator. Mediation plays a vital role in order to save the time of the parties which in Indian legal system is very frequent due to slow policy-making by legislature and time taking the procedure of the courts to settle the dispute[1]. It takes long years to settle a dispute. And one more thing is to save the expense which the lawyer charges due to which many parties lose the case and the justice is denied to those people indirectly as they fail to give the fee to the lawyer. As litigation is expensive, mediation helps a lot during if one person needs to reach a settlement on their own. The mediator is not given any fee for the role.

Legal status in India

In India mediation is considered as one of the oldest forms of peaceful dispute settlement[2]. Mediation in India is considered to be one of the oldest traditional legal processes.

Uses of Mediation Law

  • Divorce
  • Alimony
  • Family business
  • Sibling conflict
  • Wrongful termination in the workplace
  • Harassment
  • Labour respect
  • Partnerships
  • Landlord-tenant
  • Non-profit organizations

The advantage of Mediation Law

As the time is considered to be the most powerful weapon in this fast world. Here the time required is very less as compared to litigation. The mediator focuses particularly on the segment as he is considered to be the most expert person in that subject matter.

The procedures too involved are changed from time to time depending upon the situation and circumstances. And the procedure is not the same as the court procedure.

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Very low cost is required as compared to courts and litigation method of solving the dispute and hence can be terminated to avoid unreasonable amount. In simple, we can say it is cost effective.

Any view of the mediator and the arguments of parties are avoided from publicity.

Disadvantages

  • As in mediation, no form of testification on the evidence aspects are there, so it’s very difficult to know the real fact.
  • Changes in rules happen every time. This means no fixed and stability in rules is there for the mediation procedure.
  • Sometimes it gives benefit to wrongdoer[3]this can be said because the abuser misuses the victim in an abusive relationship.
  • Sometimes the parties may not come to conclusion for that dispute. As we can say the labour gets wasted and the time to gets wasted in this process. And the parties may not come to a final conclusion.

Role of Alternative Dispute resolution and Legal Practitioner

The Legal practitioner is the person who is well versed with legal knowledge and they helps the client and gives legal advice for any kind of dispute settlement. Practitioner mentions the proper, correct rules and regulation along with the procedure involved for mediation to the party. Without practitioner, a party can’t defend himself due to the lack of knowledge. Practitioner prepares his arguments which can save his clients from the dispute arisen. He with his best arguments skill convinces the mediator. Later the party comes to conclusion due to advocate. Suppose after the mediation gets over and the party fails, then the role of legal practitioner does not over there, he can suggest further to his client for a better way for settlement of disputes through settlement agreement. The practitioner then makes sure the order passed is as discussed.

Conclusion

Mediation procedure can be examined to a variety of forms, these can be the resource, time, type of dispute, personality of the mediator, and hostility[6].In some way, and we can say it is quasi-successful. But it is very effective against the delay in time, economic, and injustice procedure. Alternative Dispute resolution is considered as an ideal system of dispute resolution. It benefits both clients and practitioners. It is the practitioner who comes to rescue the victim before, during, and after mediation. Mediation doesn’t affect the legal practitioner in any way. The article[7] of the constitution supports it. Similarly, the process of mediation law is discussed in Civil[8] procedure code

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[1] Refer more at https://www.hg.org/mediation-definition.html.

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[2] Legal service authority Act,1987.

[3] Refer more at http://adr.findlaw.com/mediation/what-are-the-disadvantages-of-mediation.html/

[4] Refer more at http://www.mediate.com/articles/langlawyerrole.cfm/

[5] Refer more to article Mediation law of Hein Online.

[6] Refer more at http://chetananand.co.in/index.php?route=product/category&path=103_108.

[7] Article-21 & 39, Constitution of India, 1949.

[8] Sec-89 Civil Procedure code,1908.