Thursday, February 7, 2013

Making Mediation Popular (Courts.)


This is the most vital part of writing this blog. The many ways that could be used to make Mediation popular in India. So that people who have filed cases and can get relief in a mediation must seek mediation.
It is rather too long as I have to stand on each topic for long. So I will make this into a series.

The courts.
The courts play a vital role here, specially in India where the Judges are the most aware of the future of a case.
The judges guide the parties to take up mediation when ever they observe that the case can be sorted through a discussion among the parties.
Most of the time such an intervention is taken well by the parties. This is the most popular way the litigants are introduced to the concept of mediation. They are initially confused and rather surprised, specially when they hear the opening statement. Then, they are at ease and cooperate with the process.
This happily forms the majority, and such cases normally see a happy ending too.
However, not all cases end like this. Some cases may still need the court intervention and so after agreeing to a matter at least partially settled at the mediation, they go back to the courts.
Some cases may not be suitable for mediation at all, they continue in the courts.
The courts make mediation an accepted process better than any other means. If there is no Mediation centre it would be a good idea to approach the court with an application to have it referred to the nearest centre. Most of the High Courts in India have a Mediation Centre attached. (the list is in this blog..they are being updated constantly).