Monday, July 27, 2009

MEDIATION

“In a system like ours where the pendency is very high and legal procedure
Is not time bound, mediation is a handy process for litigants looking for an
Out of court settlement. At the same time, like any other process, it is open
to abuse and an opportunity to buy time and delay proceedings.”



Advocate Sanjana Bali
Partner, KB Partners &
Guest Faculty, Delhi University

MEDIATION

“Mediation is a device to put ego in the background and bring parties together face to face and good offices of the mediator are used to ease tension and find out a solution through give and take to put an end to litigation.”

Advocate R K Kapoor Sr. Partner, KB

MEDIATION

“Mediation can be very good in matrimonial and family disputes. If mediator is skilled and clear-headed, mediation can be very fruitful in other disputes as well.”




Prashant Bhushan
Public Intrest Lawyer and Activist

MEDIATION

“I have always recommended completion of proceedings by mediation. What can be a better method of resolving dispute than by a mutual settlement between the parties who always remain in command of their case?”

Hon’ble Justice (Retd.) R S Sodhi
Delhi High Court

MEDIATION

“Mediation is a voluntary and confidential in which, through the Intervention of a person called the ‘mediator’, who is a neutral and Impartial person, the parties are facilitated to come to a voluntary And mutually acceptable resolution of their dispute. The mediator guides the process but cannot impose any decision on the parties. The parties remain in control of the process throughout, and they can terminate the mediation at any time if they feel it is not serving their interests. However, once an agreement is reached and signed by the parties, it becomes binding on them and can be enforced by the legal process.”



Hon’ble Justice Markandey Katju
Supreme Court

MEDIATION

“Given the numbers of pending cases all over the country, it is Imperative to encourage ADR mechanisms, particularly mediation, at the taluka and district levels. All the stakeholders in justice delivery- lawyers, judges and institutions need to make a determined effort in this regard. Given the experience of the Delhi Mediation Centre(in the district courts in Tis Hazari, Kakardooma and Rohini), I have no doubt that if a concerted effort is made to resolve disputes through mediation then justice delivery will be more expeditious, affordable and accessible to all.”


Hon’ble Justice Madan B Lokur
Delhi High Court

MEDIATION

“In the 1980’s mediation gained momentum in USA, with the development of progressive mediator training standards. Advocates were provided training in mediation and ethical standards to be followed during the process. Consequently, mediation formed a substantial part of the practice for many advocates. The legal fraternity incorporated it into the American legal system by responding favorably to the technique of mediation. Since then, advocates have successfully enhanced their practice, rather than reducing it, through use of mediation. In spite of being initially opposed and doubted, mediation was soon considered to be one of the most useful tools for lawyers. It augmented speedy and amicable dispute resolution on the other.

Mediation session requires that both the counsel and his client plan in advance their course of action and express clearly the extent to which they are ready to concede and their offer towards compromise, in order to shape realistic and durable settlement. An advocate should include all of the above factors in account while preparing the client. The advocate’s premeditation session with the clients provides context for the dispute outlines the legal and factual complexities of the case and disseminates critical information with regard to the nature of bossiness, personalities and relationship of the parties involved in the conflict. Pre-mediation session with the client helps in setting the stage for the actual mediation session.”