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.”