Other than litigation, mediation is the way to resolve the issues. Today’s reality is conflict, where there are two people there would be a chance of conflict between the two. So, just to resolve the conflict either way is mediation.
This is the cheap, time-saving procedure of law. Considering the double trouble of poor litigants legislature has introduced a best mechanism to resolve dispute, this mechanism is known as ‘Alternative Dispute Resolution’.
The structured and interactive process where a neutral party assist disputing parties in resolving conflict through the use of specialized communication and negotiable instrument. Mediation is a “party-centered” process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that s/he manages the interaction between parties and facilitates open communication. Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement.
LEGISLATIVE APPROACH: Laws relating to ADR has been made under section: 89 and order X of civil procedure code 1908, The Legal Service Authorities Act, 1987. ROLE OF ADVOCATES BEFORE MEDIATION:
It is seen that majority of parties are unaware about the mediation process. People only trust their advocates.in such cases. It’s the duty of the advocate to make aware people about the procedure of mediation. Before the mediation process the advocate and his client has to prepare the mediation brief where they collectively formulate the options. It’s the duty of advocates to ensure the quick and justice to them.
ROLE OF ADVOCATES DURING MEDIATION:
It’s the rule of mediation that mediator can make options for settlement of the disputes. If parties are not satisfied for mediation process, mediator or the advocates cannot force them to compromise. The role of the advocates is to ensure and safeguard the interest and the rights of the parties. Advocates are skilled and experienced professionals who better know the consequences of accepted terms of settlement. Here the legal practitioners i.e. advocates has the duty to guide their client in best possible way.
ROLE OF ADVOCATES AFTER MEDIATION:
After the completion of the process of mediation advocates has to play the significant role, because in either cases where the mediation fails or gets successful they need help from them only. The litigation process then has to be continued by the legal practitioner only, they need to formulate the settlement process also in some cases where settlement is needed.in majority of the cases advocates’ duty to see the decree or order passed by mediator is executed.
ADVANTAGE OF MEDIATION FOR LEGAL PRACTITIONERS:
PEACE OF MIND
RESPONSIBILITY TOWARDS THE SOCIETY
RESPONMSIBILITY TOWARDS THE JUDICIARY
TIME BENEFITS OF MEDIATION: The mediation process takes only about a month to conclude from start to finish. It is not unusual for it to take up to a year or more for a major case to be heard by the courts. The losing party in third party settlement is likely to be ordered to repay this interest to the winning party. If interest is taken into account it may in reality cost nothing at all to settle a dispute using mediation particularly since the interest that accumulate over a short period.
BENEFITS OF MEDIATION:
Before certain years ADR was considered as voluntary act of the client, but after 1999 it has got legal recognition through code of civil procedure amendment act, 1999, Arbitration and conciliation Act 1996, Legal Service Authorities Amendment Act 2002. Mediation is the negotiated settlement with assistance of third neutral party. It is the best way of resolving disputes as it saves money, time and relationships from spoiling for forever. It benefits for both the clients as well as for the advocates. If the clients get the process done in assistance of their advocates and it gets settled, it is to be taken in appositive way. This process doesn’t violate the advocates the right to livelihood. It’s the advocate to decide the consultation fee for the mediation process for making it brief.
By HARMANDEEP KAUR