Mediation: better access to justice

Abstract

Mediation in its contemporary incarnation is an Alternative Dispute Resolution process where a specially trained mediator facilitates the parties in arriving at an amicable settlement through a structured process involving different stages viz. introduction, joint session, caucus and agreement. Mediation has distinct advantages - it is cost effective and expeditious, it enables the parties to devise creative tailor-made solutions, results in a win-win situation thereby preserving relationships and is confidential. Mediation is a facilitative procedure in which debating parties connect with the help of a fair-minded outsider, the Mediator, who offers them to attempt to some assistance with arriving at a concurred determination of their question. The Mediator has no power to settle on any choices that are tying on them, however utilizes certain strategies, methods and abilities to help them to negotiate a concurred determination of their question without adjudication Mediation has emerged as the frontrunner in the Alternative Dispute Resolution revolution which is gaining momentum. At the post litigation stage mediation is perhaps the most preferred mode of dispute resolution especially for complicated, multifaceted and long standing disputes. Mediation, at the pre litigation stage, however has not made much headway on account of lack of statutory framework, albeit we have a range of institutional and ad hoc options available for pre litigation mediation also.