1. Is Mediation counseling?
Answer. No, its the most misunderstood concept that Mediators are trained counsellors and help people through personal problems.
In fact, A Mediator is a neutral third party who simply FACILITATES any dispute or a disagreement. Often when two or more people, parties on a common ground have a dispute between them it is mostly because of lack of communication, high emotions, hurt feelings and closing channels of talking things out. This is mostly in cases of recovery of money, or a dispute between neighbors, property matters and most importantly disputes between the married couples.
Worst damage happens when these unresolved feelings turn into anger and result in filing of cases in a court. Such cases amount to a huge percentage of pending cases in courts.
Even if people find themselves wanting to settle issues later they are unsure of how it will be received.
In a mediation process it is a continuos endeavor of the mediator to first identify the common wants of the parties and help them reach it. The mediator does not advice nor counsel.
Read more on the role of the mediator in this blog posts.
2. My friends are planning to go for a divorce should I refer them to Mediation? Will the mediator help them patch up?
Answer. Yes, to the first question and No, to the next not always.
Yes, surely refer them to a mediator. If a case is already filed the parties could file an application in the court and request the Judge to refer the matter to Mediation under section 89 CPC through there advocate.
There could be a number of reasons why your friends want a Divorce. You may not be the best judge. It is best if a neutral third party (mediator) makes a dialogue happen. The mediators are trained to help people in expressing themselves in a calm and congenial atmosphere.
No, the mediator's do not insist on patching up but surely give the parties an opportunity to explore that option creatively before going ahead. The mediator only assists the parties to reach the conclusion amiably, to close the case so that they tread well in future relationships if at all they have to Divorce. If the parties have a good session where they are able to sort out their issues and patch up then the mediator would help them towards it.
3. Is Mediation expensive?
No, it is not expensive. Mediation is a part of the court proceedings and is FREE. And if a decree results out of it then the entire court fee paid by the parties is returned back. !! :-)
You could leave a question here.
Are mediators available as a resource in courts or are they privately available? You mentioned it is free, can it be made more visible? Visibility in the media- newspapers, lawyers' addresses, lawyers can carry info, internet resources, FB page dedicated to Mediators based on states etc.
ReplyDeleteIf there is a list of mediation addresses -based on States, then closest to where you live? Can you have a link page on the blog and have the issue addressed thus?
~ Saawitri
I took my time to answer this.
ReplyDelete1.Yes, Private mediators are available but very few in India. You could get their contacts from the net.
2. It is Free as it is court annexed in India. That too if the case leads to an agreement. I will post this in a separate post, this will add it to the long lists of posts.
3. Visibility in media.
I am working at it I need a lot of suggestions here it will also take a huge team. The Supreme Court of india has its own media team and there are programs conducted. Doordarshan which has the maximum reach carries interviews of Mediators.
I personally believe that a campaign is needed.
4. Fb page for mediators.
Hmm, will take a little time. Now I am only consolidating the centres in India.
5. Closest mediation centres. This is my "Broad Vision" dream but right now we have court annexed mediation centers which are mostly in the hIgh court complexes.
6. Could you elaborate the last question?
From what I understand ...right now I'll have to add more content to the blog before I link it.