Mediation between cousins.

Mediation between the cousins over the inherited property based on an oral will.

This mediation got triggered on a Whatapp. The family wants to settle a property dispute based on an oral will. The cousins are scattered all over the globe. The question now is who will bell the cat?

The following is some simple suggestions given to them with regards to the benefits of mediation

1. It is faster. People arrive at mutually agreeable conclusions in a few sitting's.

2. It is more reasonable than court litigation. 

3. Helps a healthy communication happen.

4. Keeps bitterness away.

5. Everyone concerned with the case gets a voice.

6. Helps you towards better relationships than before actually.

7. When unresolved matters linger there is unwanted stress effecting the health of all concerned.

8. Going legal specially in this case would mean expensive, long court visits.

9. The next generation will benefit when the documents are concrete and in place and have been arrived at with mature consenting adults. ( A legacy far better than the property in question).

10. They also learn the value of resolving issues through dialogues. Rather than rushing to a court.

A Lawyers take on Mediation.

In conversation with a lawyer.

Lawyers do not recommend mediation at the outset, when the question was asked to a lawyer

the response was,
"Even if I see that the case is best sorted at a Mediation I will not suggest it to the clients as the first step. Because they will look at it like I am not competent as a lawyer to handle the case and want to palm it off onto a mediation which is a simpler process. They usually come prepared for a legal process, having consulted some friends. Parties often assume that an out of court settlement means getting a raw deal. So I'll make out a case and then appropriately place the mediation option later when they trust me more."

Most of the people are not looking for a solution to there problem in the courts. They file cases out of vengeance, greed, deceit and rage. They want to punish or get even with people. Some clients spend there entire life in court halls because of the hatred they nurture towards another person. Sometimes, however,  there is no way out.

The fees charged in a mediation is in a legal proceeding. Because the procedure is simpler and speedier. The court case is a long drawn procedure and the expertise of the lawyer in needed from time to time. Hence, the fees of the lawyer and the court is more.

Another lawyer had a more interesting perspective, and which is more common too. He said that I know the case is better settled outside of the courts in a mediation or conciliation process. But if I tell that to the parties firstly they will find another lawyer. It is better that I take the case and take it the way it should".

ADR Notes.(Vivek Kathpalia)

A talk on the difference between Litigation, Arbitration and Mediation listen in.

Litigation, Arbitration, Mediation Vivek Kathpalia. (A Talk)

Making mediation Popular (Street plays)

Mediation is of the heart. It involves people. At another level its an attitude.
An attitude that when conflicts stay unresolved cause agony to both the parties involved in a dispute. Many conflicts involve families, neighbours, friends and companies. They could have complicated issues or very simple matters. When they are not addressed they grow into serious problems and what is worst is they land up in a court.

The method of street plays has been probably the oldest in any civilisation.
A theatre group or any individual actor who understands meditaion could put up small plays, skits etc., high lighting the concept of mediation.
Plays speak much more than speeches do, people identify themselves with the characters and act upon the message more faster than any other medium. The immediate response of the audience is what attracts serious actors to take up acting in theatre rather than in movies because of the instant connect.
Specially in villages this method would be highly successful. The rural areas are the places where the country still lives. However, owing to the changing scenario where the people are moving to the cities for better employment opportunities has created a certain void in the village lives.
The youth are wasted as they generally languish aimlessly. They get into wrong habits which leads to crimes in villages.
The illiteracy levels are quiet high and people actually do not go to courts as they should. The street plays would address the importance of even going to a court to begin with whenever it is needed.

The street plays could be performed in colleges, around court halls, in central areas of cities.
This requires an awareness drive. The street plays could also be filmed and posted in public domains on the net.
An interested group would be welcome to get together. This is easiest done by college students as a pert of the project to generate awareness are my thoughts.

Free Online Course. Mediation.

Free online course on Mediation

This course has enabled me to get started as a mediator. Well, at least in my mind. I got to mediate my own case and reflect on how mediation, negotiation, talking out etc., have a major role to play in our lives.
Give it a try.

Can Arbitration and Meditation be combined?

The latest issue of Business World (3 Sep 2012) has a cover story titled "The World of Arbitration" and provides an inside look on how the number of cases being settled through ADR is on the rise. What is very interesting for me is the side bar related to Mediation. BW writes:

When Standard Motors products of india (which made the standard brand of cars) was wound up, workers of the company and the banks fought a 12-year long legal battle in the courts over the rights to the proceeds. Finally, in 2006, came a commercial mediator who helped both parties reach a settlement in three months time.

Mediation, is a process whereby a mediator sits with both parties separately, goes through their arguments and defenses, and helps them reach a point at which both of them can agree. A mediation award is then ratified by a court and becomes binding on both parties. 

For example, in the ongoing border dispute between Assam and Nagaland, commercial mediator and Chennai-based advocate Sriram Panchu has been appointed to get parties to arrive at a consent..

Mediators say this is, perhaps, the most cost-effective way of resolving disputes, and leaves much less bad blood between the parties. Conciliation, another form of Alternate Dispute Resolution is slightly different — it involves positive suggestions by the conciliator on how each party can contribute to the consensus building.

Can the two processes, mediation and arbitration, be combined? Several developed economies are trying it out, with the mediator first trying to resolve issues that parties can agree on, and if there still remains any areas of disputes, that is arbitrated. 

Good to see that the main stream business media doing such a comprehensive cover story on ADR and also specifically talking about Mediation.

The article points out that prominent law firms such as J.Sagar, Advani & Co. etc have come together to form an arbitration bar, which they hope will take the lead in evolving best practices for the ecosystem around arbitration to follow. There seems to be some hope that the arbitration scene can be turned around without waiting for legislative reforms.

ADRs such as Arbitration and Mediation need to paid special attention by our legislators and Judiciary. It is imperative given the volume and backlog of cases and the heavy load on judiciary. A sustained push to move cases to judicial legislated mediation or even pre-emptive mediation is the need of the hour and I think that just as prominent law firms have come together to evolve best practices around arbitration, the case is fit for these firms to make a strong case for Mediation.

Frequently Asked Questions (FAQ'S)

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.

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.