CASES SUITABLE FOR MEDIATION: All civil cases, except those where there are serious allegations of fraud are suitable for Mediation. eg. Rent cases, partition, matrimonial, labour, specific performance, money, damages, injunction, declaration, land-lord and tenant, intellectual property, Cheque Bounce Cases etc. . REFERAL FOR MEDIATION Under Sec.89 of CPC, in case there is element of settlement in a matter, the Presiding Officer may refer it for Alternative Dispute Resolution. The parties/ their counsels are at liberty to seek for mediation, if they so desire by filing a memo in Court. If found appropriate, the Presiding Officer will refer the matter for mediation to the Mediation Centre. IN A MEDIATION ... A mediator meets both parties and their Advocates in a joint mediation sessions. The initial meeting provides for: An introduction to the participants Explanation of the mediation process An opportunity to discuss issues affecting settlement or which are important for the mediator to know An opportunity for parties to express their view of the dispute and their terms for settlement If necessary, a mediator may meet each disputing party in private sessions. Private sessions offer opportunities to: Help the mediator understand the needs of each participant and the obstacles to settlement Explain to the party the strengths and weaknesses of his case Assist parties to priortise their interests in the dispute Explore confidentially with each side the possibilities of various settlement options The mediator will spend as much time as necessary with the participants (jointly and privately) to explore all options of settlement. If the parties do reach a settlement, the terms will be written, signed and submitted to the court for approval and passing a decree. If not, the case will be returned to the referring judge for adjudication.
Posted on: Thu, 07 Aug 2014 04:14:48 +0000
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