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International Mediations Organisation is a Not – for Profit Organisation formed by Professionals and Industry Experts.

MEDIATION AND ITS IMPORTANCE 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

 

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WHAT IS MEDIATION?

In simple words it is a structured and interactive process whereby a neutral third party facilitates the disputing parties to resolve their dispute amicabily by using specialized communication and negotiation techniques.

In the Legal parlance Mediation is  recognised as one of the Alternative Dispute Resolution Process apart from Arbitration and Conciliation.

CONCEPT OF MEDIATION IN INDIA

  • Mediation is a voluntary, Informal and Private process.
  • Mediation is a party-centered negotiation process.
  • Mediator works together with partners.
  • Mediation in essence is an assisted negotiation process.
  • Mediation is conducted by a neutral third party- the mediator.
  • Mediator works together with parties.
  • The mediator employs certain specialized communication skills.
  • Any settlement reached is required to be reduced in writing, Which shall be called as mediation settlement agreement.
  • Mediation provides an efficient, effective, speedy, convenient and less expensive process to resolve a dispute with dignity, mutual respect and civility.

LEGAL RECOGNITION OF MEDIATION IN INDIA

  • The Mediation Act of 2023 is an independent legislation solely focused on mediation. Its purpose is to establish a strong and effective mediation framework within the country. Section 1(3) of the Act specifies that certain provisions have been officially notified through a gazette notification dated 09.10.2023.
  • Efforts are currently in progress to establish the Mediation Council of India as mandated by section 31 of the Mediation Act, 2023. Among its responsibilities, the council will address the institutionalization of mediation practices nationwide and strive to standardize the process.