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.”

MEDIATION

On September 6, 2008, Hon’ble Chief Justice of India K G Balakrishanan inaugurated a Lok Adalat Cum Mediation Cell in the apex Court. Hon’ble Justices Arijit Pasayat, S B Sinha, Dalveer Bhandari, H S Bedi, M K Sharma and many other Judges of Supreme Courts as well as various High Courts are vigorously promoting mediation movement by sanctioning and approving the use of ‘mediation’ as a process for settlement of disputes, within their jurisdictions.”

MEDIATION

“Mediation and Conciliation Project Committee (the “Committee”) was constituted on April 9, 2005 by Hon’ble Chief Justice of India under the auspices of the Supreme Court to provide centralized directions and support for mediation efforts in India. The Committee comprises of Hon’ble Justice S B Singha as Chairman, Hon’ble Justice R V Raveendran, Hon’ble Chief Justice (Retd.) A M Ahmadi, Hon’ble Justice Madan B lakur, Sr. Advocate P P Rao, Sr. Advocate Raju Ramachandran, Member Secretary of NALSA and Registrar of the Supreme Court as member Secretary of the Committee. The Committee has initiated the pilot project in August 2005 in Delhi District Courts for settlement of disputes through mediation. Delhi Mediation Centre initiated by the Committee runs the pilot project in the District Courts of Delhi. Mediation Centre is a member of the Asian Mediation Association (AMA) which was formed in Singapore on August 17 2007. Other members of AMA are Hong Kong, Indonesian, Malaysian, Philippine and Singapore Mediation Centre.”

MEDIATION

”Judges explore the possibilities of settlement in maters newly filed before them and even in pending cases. Such matters are them referred to the trained mediators for an amicable settlement. Today, law permits mediation and the courts are encouraging it. Using its supervisory jurisdiction over subordinate judiciary, High Courts have established court annexed mediation cells in District Courts as well. Its outcome has been impressive as nearly 60 percent of the referred matters have been settled through mediation. Delhi High Court on August 11, 2005 notified Mediation and Conciliation Rules, 2004 and all mediation matters in Delhi High Court are being conducted in accordance with these rules. Other High Courts are also following suit by adapting this notification.”

MEDIATION

Recently, the mediation process has brought three proceedings-under Section 498-A and Section 34 of the Indian Penal Code, 1860(IPC); under section 125, the Code of Criminal Procedure(Cr.P.C.) and under Section 13 of the Hindu Marriage Act, 1953- pending in three different courts, to an end. This order was passed by the Supreme Courts in Transfer Petition (C) No. 421 of 2008 on March 3, 2009.”