Mediation offers a comprehensive solution to conflicts, avoiding the complications and uncertainties of arbitration and litigation. Here’s why:
- Decision on Principles: Mediation emphasizes resolution based on principles, not emotions or intuition, ensuring disputes are settled rationally.
- Time and Cost-Effective: Mediation can significantly reduce the time and costs associated with prolonged court proceedings.
- Uncertainty of Outcomes: Litigation can be unpredictable. Often, neither party is fully satisfied with court-imposed decisions, leading to more disputes and strained relationships.
- Self-Resolution: In mediation, parties come to an agreement with the guidance of a neutral third party, the mediator. This ensures mutual satisfaction and a more in-depth understanding of the underlying interests.
- Confidentiality and Relationship Building: Mediation respects confidentiality, safeguarding reputations, and often strengthening or restoring relationships.
- Flexibility and Voluntariness: Mediation is adaptable and only becomes binding when a final agreement is signed. If mediation doesn’t yield results, parties can always explore other legal avenues.
Notably, the Hon’ble Chief Justice of India, N.V. Ramana, and current CJI, Hon’ble Shri Dr. DY Chandrachud, have emphasized the value of mediation over litigation. They underline the importance of restoring relationships and recommend approaching courts as a last resort. The Indian legal framework also supports mediation, as seen with initiatives like the e-Committee for online dispute resolution and the Commercial Courts Act of 2005, which mandates pre-litigation mediation.
For statistics on court case backlogs in India, click here.
At Chamber of Prakash K Pandya, we offer both mediation services and representation as an Advocate in Mediation. Let us guide you towards a resolution that respects all parties involved.
