Tuesday, July 31, 2012

HIstory of Mediation in India

History of Mediation in India.


In India, Mediation can be traced back to Lord Krishna's time and till today it exists in our Gram Panchayat's.


In the Mahabharata Lord Krishna played many roles that were needed to uphold righteousness - "Dharma". 
When there appeared a likelihood of war he did not join hands with the Pandavas right away. He approached the Kauravas & Pandavas and tried to evade war by talking to both the sides t
o arrive at a compromise in other words he was Mediating.The Pandavas agreed but the Kauravas did not.War happened like no other.

Wrong or right both parties were given opportunity to speak.Perhaps this would be the best example where, what can be resolved with communication has to be solved that way else the results are war like or worst. Todays war is different it is the endless wait in the courts, the money, time and energy spent with little or not much hope of any happy ending.
The litigants have to face the apprehension of consequences of the cases' outcome, the breaking down of relationships, regret, guilt and worst is when once the case is filed the parties loose any say in the matter.The lawyers have to fit the case into the single common law meant for all.

When people disagree, conversations tend to deteriorate into accusations and expressions of frustration. They might even stop altogether.When people stop talking they stop understanding.Empathy becomes impossible.Relationships fall apart.

The process of Mediation begins when both parties are willing to discuss and compromise.By exploring the strengths and weaknesses of each party ,the intermediary, the mediator provides an objective point of view and helps diffuse the parties' high emotions and guide the parties towards options to arrive at a decision.
In a mediation the parties speak.Every person involved directly or indirectly is given an opportunity to speak.The private & confidential sessions with the neutral mediator help parties sort personal conflicts to a great extent.

Mediation rediscovered in our legal system is like a breath of fresh air.The parties are free to express, communicate their needs and wants and concerns which is lost in a regular court. When matters concerning divorce, partitions of joint families, partnerships, etc., conclude in a Mediation they close too. A closure happens where the parties have expressed themselves fully and now they could move on without any bitterness.The best part is it will be in a very short time.

Look for actual stories in the following posts.

Wednesday, July 11, 2012

You don't have to go to a court anymore.

When matters concern relationships ... "relationships" matter. Relationships are meant to be nurtured specially when they are going through rough waters.So they could sail through and not always end.And if they do end they need to close well. 


Be it divorce proceedings or family partitions, disputes between traders, sellers, neighbors, employers, societies, landlords etc., etc.,When a case is filed in the courts they take away a lot from the Litigant.Time, money, energy, peace of mind - We all know that.Whether settled or not the bonds are broken.Often never to be repaired.
Many a times the parties wonder why did they file the case to begin with.But there is no looking back.



Fortunately we have an answer at hand.You don't have to file a case and wait for the relief to come if at all it does.You could opt for Mediation.Its an intelligent provision under Section 89 of CPC, as one of the ADR(Alternate Dispute Resolution System).
Before you consider filing a case or if you are already having a case pending check out mediation first.You don't have to go through the whole process like in a conventional court.


Why Mediation?


Because in a Mediation....
- Matters settle quickly in maximum 90 days !!
- Time could be well spent with family or at business rather than in the courts.
- "You" will be heard.Not your Lawyer.(A Fundamental Right)
- It's cheaper than Arbitration and regular cases 
- It's FREE because if the case settles the entire court fee is refunded.
- The proceedings are Completely private and confidential.


The Mediators are trained to be neutral, impartial, patient,they are an unbiased a third party who facilitate and not advice or intervene.


The parties control the proceedings.They can express fully.


Mediation is for the parties at dispute to resolve well.


No one enjoys a court proceeding lets give MEDIATION a chance.


This blog is for making mediation popular among the litigants, students, lawyers, anyone who wants to file a case at anytime in India.It will grow to be very resourceful to every one.The cases given here are ALL real.No names and places are used for confidentiality.