Mediation is a one of the Alternative Dispute Resolution Methods that is recognized worldwide, where a third party (the mediator) is involved who will be independent from either party to the dispute.
What differs Mediation from a Lawsuit is that Lawsuit will be lengthy, costly and too formal where mediation will be totally opposite of these characteristics being much quicker, less costly and better flexibility.
At the face-to-face mediation, which is chaired by the mediator while parties to the mediation together with their legal representatives are present a brief introduction will be made by the mediator to start the proceedings. Thereafter the parties to the mediation will make the opening statement which may be assisted by the legal representative. The relevant opening statement should be made available to the mediator in advance to the enabling him to understand the case.
Once the first joint session is over, parties will be directed to their separate rooms and the mediator will talk to them privately and then take any offer from one party to another. If necessary, parties will be called for another joint session of mediation.
Can Anyone come for a mediation?
The person/s who attend to the mediation should have the authority to bind the company by the decisions which they take at the mediation process. Along with this decision makers company legal representatives will be allowed to participate to the mediation process. With regards to a SME, the decision maker will be the person who can bind the entity by the decisions made at the mediation.
Mediation usually takes place face to face. However, with the covid 19 restrictions the mediation process also has moved to virtual platforms which has enable the parties in different geographical locations to mediate the disputes.
Few more things about Mediation in brief
- Mediation process can be arranged from wide variety of commercial disputes, property disputes to family disputes
- Depend on the dispute it is advised to mediate early as possible to avoid facing unnecessary legal fees
Take the opportunity to understand the position of the other party so that proper negotiations can be a agreed.