Frequently Asked Questions

Mediation is a flexible process conducted confidentially in which a trained neutral mediator actively assists people and / or organizations to work towards a negotiated agreement of a dispute. Both parties are in ultimate control of the decision to settle and the terms of resolution.
Mediation is a collaborative process designed to resolve disputes amicably. It empowers parties to take control of their outcomes by engaging in constructive dialogue, facilitated by a neutral third party—the mediator. The overview of mediation process is given as under:
  • Flexible frame work of joint and several meetings.
  • Conducted confidentially and is without prejudice.
  • Parties are in ultimate control of the decision to settle.
  • The mediator is a neutral person and is trained with skills.
  • He assists parties in working towards a negotiated settlement / agreement.
  • He helps parties to restore communication and also provides a process for negotiation.
  • Gives the parties a chance to decide for themselves.
Choosing mediation offers numerous advantages. It is faster, cost-effective, and confidential. Parties retain control over the outcome, and it often leads to creative solutions that satisfy all parties involved. Importantly, it eases the burden on our overburdened judicial system. In many cases, mediation can:
  • Improve communication
  • Help people achieve a better understanding of the situation and one another
  • Save time and money spent on the conflict
  • Address issues of importance to the people in conflict
  • Lead to longer-lasting agreements
A mediator's primary role is that of a facilitator. They don't make decisions or take sides. Instead, they empower participants to find their own solutions, offering guidance, structure, and expertise in conflict resolution.

Mediation should not be mistaken for other ADR methods like arbitration. Mediation is a collaborative process. It does not impose decisions on the parties involved, but rather empowers them to shape their own resolutions through dialogue and negotiation. It is a consensual process, distinctly different from adversarial approaches often associated with legal proceedings.
Mediation is:

  • Not a Bar to Litigation or Arbitration: Mediation does not preclude parties from pursuing litigation or arbitration if they are unsatisfied with the mediation outcome.
  • Not a Mere Compromise: Mediation is not just about reaching a middle ground; it encourages creative and mutually satisfying solutions and the settlement agreement (if any) is enforceable through Court of law.
  • Mediator is Not a Judgment Maker: The mediator does not act as a judge, but rather as a neutral facilitator of the conversation.
  • Not a Sign of Weakness: Choosing mediation is not a sign of weakness; it's a proactive and constructive approach to resolving conflicts.
  • Does Not Prevent Parties from Attending Court: Participation in mediation does not prevent parties from pursuing court proceedings if they so choose; it remains a voluntary process.

Mediation is a widely adopted approach to dispute resolution in developed nations. For example, the United Kingdom uses mediation in family, employment, and civil cases, actively promoted by the government to ease court caseloads. In the United States, it is extensively used across various domains, from family and employment disputes to civil matters. Canada relies on mediation for family law, personal injury, and labor disputes, with mandatory mediation in some civil lawsuits in Ontario. Australia, Germany, Singapore, Japan, and the Netherlands also prioritize mediation in various contexts, offering efficient and cost-effective resolutions for a wide range of disputes.

In the field of mediation, various centers play a crucial role in facilitating dispute resolution. Here are some examples from six countries:

  1. United States of America
    1. American Arbitration Association (AAA)
    2. JAMS (Judicial Arbitration and Mediation Services)
  2. United Kingdom
    1. The Centre for Effective Dispute Resolution (CEDR)
    2. The Family Mediation Council (FMC)
  3. Canada
    1. ADR Institute of Canada (ADRIC)
    2. Family Mediation Canada (FMC)
  4. Australia
    1. Resolution Institute
    2. The Australian Disputes Centre (ADC)
  5. Singapore
    1. Singapore Mediation Centre (SMC)
    2. Singapore International Mediation Centre (SIMC)
  6. Japan
    1. Japan International Mediation Center (JIMC)
    2. Japan Association of Arbitrators (JAA)

These mediation centers are instrumental in providing effective dispute resolution services in their respective countries.