Is the presence of lawyer must in mediation hall?

Is the presence of lawyer must in mediation hall?
Is the presence of lawyer must in mediation hall?

Normally only the parties concerned have to be present in the mediation centre. E.g. in a divorce proceedings only husband, wife and the mediator should be present.

For assistance advocates can be present. There are instances where parents, relatives and friends are reported to be inside the mediation room. You have the right to object the presence of the persons who are not petitioner/respondent.

Preparation is to be done for mediation – Reach the mediation centre in advance and recollect your case. Never give in to blackmail/threaten/extortion. Be cool and remember you have the option to speak to the mediator one to one.

The outcome of the mediation – The outcome of the mediation is normally out-of-court settlement agreed by both the parties which is signed by both the parties and then presented to the judge for his consideration. It includes all pending cases criminal and civil.

Is referring the case to Mediation compulsory?

Is referring the case to Mediation compulsory?
Is referring the case to Mediation compulsory?

No, it is not compulsory. Unless both the party sign in front of the judge that they agree to mediation one cannot be forced.

Mediation is a negotiation process in which a neutral third party assists the disputing parties in resolving their disputes. A Mediator uses special negotiation and communication techniques to help the parties to come to a settlement.

The parties can appoint a Mediator with their mutual consent or a mediator can be appointed by the Court in a pending litigation. Mediation always leaves the decision making power with the parties.

A Mediator does not decide what is fair or right, does not apportion blame, nor renders any opinion on the merits or chances of success if the case is litigated. Rather, a mediator acts as a catalyst to bring the two disputing parties together by defining issues and limiting obstacles to communication and settlement.

What will happen if I do not attend mediation?

What will happen if I do not attend mediation?
What will happen if I do not attend mediation?

Once you agree for the mediation it is better if you attend. If on the particular day of mediation you are unable to attend mediation due to unavoidable reasons then call mediation centre and inform about it.

You can also inform your advocate who in turn will inform the mediation centre and get a next date.

Mediation – Mediation is a negotiation process in which a neutral third party assists the disputing parties in resolving their disputes. A Mediator uses special negotiation and communication techniques to help the parties to come to a settlement.

The parties can appoint a Mediator with their mutual consent or a mediator can be appointed by the Court in a pending litigation. Mediation always leaves the decision making power with the parties.

A Mediator does not decide what is fair or right, does not apportion blame, nor renders any opinion on the merits or chances of success if the case is litigated. Rather, a mediator acts as a catalyst to bring the two disputing parties together by defining issues and limiting obstacles to communication and settlement.

 

 

What is the role of the mediator?

What is the role of the mediator?
What is the role of the mediator?

The mediator’s ultimate role is to do anything and everything necessary to assist parties to reach agreement. In serving this ultimate end, the mediator may take on any or all of the following roles –

  • Convener
  • Educator 
  • Communication Facilitator
  • Translator 
  • Questioner and Clarifier
  • Process Advisor
  • Angel of Realities
  • Catalyst
  • Responsible Detail Person


Mediation is a negotiation process in which a neutral third party assists the disputing parties in resolving their disputes.

A Mediator uses special negotiation and communication techniques to help the parties to come to a settlement.

The parties can appoint a Mediator with their mutual consent or a mediator can be appointed by the Court in a pending litigation.

Mediation always leaves the decision making power with the parties.

A Mediator does not decide what is fair or right, does not apportion blame, nor renders any opinion on the merits or chances of success if the case is litigated.

Rather, a mediator acts as a catalyst to bring the two disputing parties together by defining issues and limiting obstacles to communication and settlement.

What Are the Benefits of Mediation?

What Are the Benefits of Mediation?
What Are the Benefits of Mediation?

Benefits of Mediation – 

People in disputes who are considering using mediation as a way to resolve their differences often want to know what the process offers. While mediation can not guarantee specific results, there are trends that are characteristic of mediation.

Below is a list of some of the benefits of mediation, broadly considered. Mediation generally produces or promotes:

  • Economical Decisions
  • Rapid Settlements
  • Mutually Satisfactory Outcomes
  • High Rate of Compliance
  • Comprehensive and Customized Agreements
  • Greater Degree of Control and Predictability of Outcome
  • Personal Empowerment
  • Preservation of an Ongoing Relationship or Termination of a Relationship in a More Amicable Way
  • Workable and Implementable Decisions
  • Agreements that are Better than Simple Compromises or Win/Lose Outcomes 
  • Decisions that Hold Up Over Time

Mediation – Mediation is a process in which a neutral third party (the mediator) assists the parties to a dispute to reach a mutually acceptable resolution.

What is mediation?

Mediation is a process in which a neutral third party (the mediator) assists the parties to a dispute to reach a mutually acceptable resolution.

How does the mediator assist the parties?

No two mediations are exactly alike because no two disputes are exactly alike. However, among the things that a mediator may do to facilitate settlement is to make certain each party is clear on what the dispute is really about and that each party understands (not necessarily agrees with) the position of the other parties.

 

A mediator may help to formulate alternatives and help a party clarify how those alternatives fit in with that party’s goals and how they might work. A mediator also serves as a conduit for information between the parties, especially where the parties have difficulty communicating directly with one another.

 

Note that a mediator is not an advocate for any party. Mediators are trained to remain completely impartial.

 

What are some of the advantages of mediation?

Mediation can be much less expensive than litigation which generally requires payment of filing fees, fees for service of documents, court fees and, of course, advocate fees. Additionally, in mediation there is no resolution unless and until there is an agreement that you accept.

 

In litigation, a judge you do not know will decide for you how your dispute will be resolved. Thus, mediation offers you greater control over the outcome. Further, studies have shown that, not surprisingly, parties are much more likely to actually obey the terms of an agreement they entered than they are to obey a resolution that was forced upon them. This can help bring a sense of closure that allows you to put the dispute behind you and concentrate with your business and your life.

 

How long mediation take?

There is no way to answer this question. Typically, a mediation session lasts from thirty minutes to four hours. However, some mediations are over in just a few minutes. Others, particularly in very large or complex disputes, may require multiple sessions spread over weeks or even months. Different Mediation Centers have different time limit.

What if I do not like the mediator’s decision?

Mediators are not judges and they do not make decisions for the parties. No mediator can or will attempt to force you to accept a settlement. If the parties to a mediation cannot agree on a settlement of any issues, the mediator will, after exploring all reasonable avenues of reaching an agreement, simply declare an impasse.