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This process also involves a neutral third party, referred to as the mediator, whose role is to facilitate discussions between the parties. The mediator does not give a decision, but rather helps the parties in dispute to come to a mutual understanding or resolve the dispute between them. The outcome of the mediation process is usually materialized in the form of a contract between the parties which is enforceable by law.
Medication is another mode of ADR which is more informal and facilitates negotiations between the disputant parties, culminating in a settlement. Thus, mediation, in contrast to arbitration, helps people and businesses in conflict to preserve their relationships, as the settlement arrived at in the process is on voluntary and consensual basis. Presently, the use of Mediation is confined largely in family matters etc. and in disputes referred by Courts, to court annexed mediation centres. Mediation on voluntary basis or on private basis between the parties is also undertaken but the same is not formalised and structured and there is no express recognition to the settlement arrived at between the parties under law. Thus, parties feel discouraged to participate in mediation process. The aforesaid factors have hampered the growth of mediation as an effective mechanism for dispute resolution and the Mediation Bill, 2021 seeks to address the legal and procedural shortcomings in this regard. The Mediation Bill, 2021, which would be a consolidated Act for the purpose of mediation in India has been introduced in the Rajya Sabha and was referred to Joint Parliamentary Committee for further consideration. The Joint Parliamentary Committee has made certain recommendations. The recommendations of the Committee are under the active consideration of the Government.
In India, the mediation landscape has been significantly shaped by the enactment of the Mediation Act, 2023. This legislation aims to promote and facilitate mediation, particularly institutional mediation, for the resolution of various disputes, including commercial matters. The Act emphasizes voluntary and mutual consented pre-litigation mediation, encouraging parties to seek amicable settlements before initiating formal legal proceedings. E-Gazette
Online request for Mediation along with Prescribed claim form.
Appointment of Case Manager.
Issuance of Case Number.
Intimation to Opposite party.
Payment of Service Fee.
Appointment of Mediator under MWADR’s Rules.
Online Opening Session between Disputant parties and Mediator at MWADR’s Online Platform.
Reach on Resolution & execute the settlement Agreement.
Dashboard for Disputants to overview his case activities.
Drafting of Notice and list of Claims by the Claimant.
Scrutiny of Notice and Claim by Case Manager.
Electronic intimation to the Respondent Online Payment.
Automated Notifications and Reminders.
Role-based dashboards.
Multi-level actions for various documents received and sent.
Drafting of Request for Arbitration by the Claimant.
Online discussions between the parties.
Building and execution of Arbitration Submission Agreement.