MEDIATION

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Unit 2
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Topic III

Dr.Deepali Vashist
 MEANING
• In mediation, two or more people come together to try to work out a solution to
their problem with the assistance of a neutral third person, called the mediator

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PYP Y
• Most mediators have some training in conflict resolution, although the extent
of their training varies greatly

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C C
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NN
O
• Unlike a judge or an arbitrator, the mediator do not give decisions.

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• The mediator's job is to help the disputants evaluate their goals and options and
find their own mutually satisfactory solution.

Dr.Deepali Vashist
 DEFINITION
“Mediation is a negotiation carried out with the

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assistance of a third party. The mediator, in
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contrast to the arbitrator
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or judge, has no power to
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O on disputing parties”
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impose anDoutcome

Dr.Deepali Vashist
 Difference b/w Mediation and
Negotiation

3rd party disputant

Non-
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PYP Y
Non-
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binding
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C C
O binding
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DO 2 1

Dr.Deepali Vashist
 MEDIATION UNDER
CPC,1908

• Section 89 OF CPC, 1908

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• O. X R.1 A, R.1B and R.1 C
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DO
Dr.Deepali Vashist
 ADVANTAGE
• Autonomy of parties
• Flexible process/ informal
• Voluntary
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PYP Y
• Communication
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O NN
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• Impartial, neutral , balanced
• Confidential DO
• Offers a wide range of settlement option

Dr.Deepali Vashist
 TWO MODELS OF
MEDIATION
• INTEREST BASED MEDIATION- EMPLOYED BY PARTIES, NO
PRESSURE TO SETTLE, MEDIATOR ENCOURAGE CREATIVE
PROBLEM SOLVING
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• RIGHT BASED MEDIATION-EMPLOYED
T BY STATE, PRESSURE

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TO SETTLE, MEDIATOR TRIES TO EXTRACT CONCESSION
AND SHUTTLES B/W PARTIES.

Dr.Deepali Vashist
TYPES OF MEDIATION

• Court annexed Mediation

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• Private mediation / Mediation at parties’s
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Request
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C C
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O NN
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Dr.Deepali Vashist
MEDIATION PROCESS

Stage 1: Mediator's opening

statement
Stage 2: Disputant’s opening
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Y
statement
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OTTC C
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DO NN 3: Joint Discussion
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Stage

Stage 4: Private Caucus

Dr.Deepali Vashist
 Stage 5: Joint Negotiation
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NN
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O 6: Closure
Stage
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D
Dr.Deepali Vashist
 APPROPRIATE CASES FOR MEDIATION

• Any type of case can be mediated, but the best cases are those in which the
parties are unlikely to reach a settlement agreement on their own

• However, if parties and their attorneys are capable of reaching a settlement,

there is no reason to pay a mediator to get involved.

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• Therefore, when settlement is at least a remote possibility, mediation can bring

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T C
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the parties together and get the deal done.

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• Common types of lawsuits that end up in mediation include breach of contract

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DO
disputes, injury and tort cases, wrongful termination claims, family law matters,
and more.

Dr.Deepali Vashist
• Cases that are not appropriate for mediation include
criminal charges, bankruptcy, deportation and related
immigration matters, disability appeals, and any other

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types of cases prosecuted by the government.

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• However, there are certain
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criminal matter which can

DO O NN O
be resolve by mediation like plea-bargaining, sec. 320
Cr.P.C

Dr.Deepali Vashist