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Mediation

Mediation – What it is ?

               Mediation is one of the methods of Alternative Dispute Resolution (ADR) contemplated under Section 89 read with Order X Rule IA of the code of Civil Procedure, 1908. It is an impartial attempt at resolving entire disputes between the parties, rather than merely disposing of a case . It is a voluntrary non-adversarial, non-binding process in which an impartial and natural mediation assists the parties in understanding their roles as active participants in reaching a solution to their dispute through a flexible process suitable to the needs of the participants. It is a process assisting the parties to cultivate a thought process through a non-binding confidential negotiation to come forthwith creative remedies which will be helpful to both the parties through the ultimate resolved solution. In Mediation there is no one complete winner or looser but each party comes away with something beneficial. A Mediator does not impose a solution but user special negotiation skill and communication techniques thus creating an atmosphere under which parties can resolve their disputes, often much beyond the ambit of that particular litigation by reaching the underlying root cause of disharmony and discontent between the parties. The mediator assists each of the parties to understand the opposite parties point of view, interest and priorities and leaves the decision making power with the parties thereby giving both sides a sense of satisfaction and medication.

 

 

Who is a Mediator.

               As per Rule framed by the Mediation and Conciliation Project Committee (MCPC) of Supreme Court. A person having 40 hours training of mediation is competent to be appointed as mediator. Moreover, as per MCPC Rule person became a qualified Mediator required to have experience of conducting at least 10 nos. of successful mediation. Mediator promoting facilitation to the parties to final settlement of dispute.

 

Mediation centres.

               In accordance with the mandate of Section 89 read with order X Rule IA of the Code of Civil Procedure 1908 (CPC) a Mediation centre at Principal Seat of Gauhati High Court, Guwahati housed in the Gauhati High Court building, called the Gauhati High Court Mediation Centre as well setting up of Mediation centres for different outlying Benches and in all District under the Jurisdiction of the Principal Seat for the purpose of promoting and facilitating quick disposal of pre and post litigation cases.

 

Statistical information on mediation?

Statistical information regarding the cases referred to 12 numbers of Mediation Centres of Assam up to 31/01/2012.
                                       


Sl. No.

Name of the Mediation Centre

No. of cases referred

No. of cases settled

No. of cases not settled

No. of cases pending

1

Gauhati High Court Mediation Centre (Principal Seat)

53

20

31

2

2

District Mediation Centre, Kamrup

617

177+27connected cases

255

185

3

District Mediation Centre, Barpeta

28

5

2

21

4

District Mediation Centre, Kokrajhar

168

18

147

3

5

District Mediation Centre, Nagaon

56

17

34

5

6

District Mediation Centre, Jorhat

65

23

37

5

7

District Mediation Centre, Dibrugarh

11

2

0

9

8

District Mediation Centre, Dhemaji

7

0

7

0

9

District Mediation Centre, Sonitpur

107

12

88

7

10

District Mediation Centre, Dhubri

38

15

23

0

11

District Mediation Centre, Cachar

8

0

0

8

12

Assam Mediation Centre.

7

3

4

0

 

Total

1165

292+27

628

245

                                     

 

 

How to approach for Mediation ?

               Interested parties to a suit prayed before the referral court by filing application jointly to refer the matter for mediation so that matter can be settled amicably through Mediation process the court has to record that the reference is made by mutual consent and accordingly record of the case may be sent to the Mediation as per provision under Section 89 and under Order X Rule IA of the CPC . The system is voluntary. There is no presure on any one to follow the mediatory path. Mediation takes place only when both the parties to the litigation agree to adopt the mediatory process.

 

How long is a Mediation ?

               According to the Mediation Rules prescribed by the Delhi High Court Mediation Centre 90 days is the maximum time limit fixed for resolution with a provision for relaxation of an additional 30 days is in exceptional circumstances.

 

Whom to contact ?

               Parties after receiving notice from mediation issued by the respective referral court shall appear before the Mediation Centre on the date fixed for Mediation along with their Advocates.

 

Charges ?

               No charges were required to pay by the parties in mediation process as whole process of mediation is provided as free service. More over in cases related to money claims etc. parties are entitled for refund of Court fee already paid by them in the suit.

               The Mediators are mostly advocates who render this service for a free at present with view to encouraging mediation. The mediator is to be paid honorarium/ fee as per provisions laid down in Rule 26 of the Civil Procedure Mediation (High Court) Rules, 2007. To ensure sustained interest of Mediators, payment of honorarium/ fee shall commence after mediation has completed atleast 10 Nos. of successful mediations.

 

Who should attend Mediation ?

               Person’s having interest to resolve their disputes amicably through mediation process may attend mediation process along with interested parties and advocates.

 

Benefits of Mediations

               Maintenance of future relationship between the parties dispute is the goal of the mediation process. It is voluntary. It has no cost parties arrived at final decision neither appeal nor revision. Mediation is not a bar to litigation. If mediations failed, litigations may continue. It is a less time consuming process. Parties dispute are getting relief from physical, Mental and financial harassment etc. after settlement.

 

 

 

 

 

 

 


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