Peace Making Through Mediation

Bangalore Mediation Centre is an initiative of the High Court of Karnataka. It has been conceived as a project for giving effect to Section 89 of the Code of Civil Procedure which provides for Mediation as an Alternative Dispute Resolution mechanism. The project is implemented with the support of the Advocates Association, Bangalore. It facilitates court-annexed mediation by trained advocate-mediators.

WHAT IS MEDIATION?

Mediation is one of the Alternative Dispute Resolution Methods contemplated under Section 89 of the Code of Civil Procedure enacted by the Parliament. Mediation is a process in which a neutral third party assists the disputing parties to creatively resolve their disputes without going to trial. Mediation presents a unique opportunity for dispute resolution with the involvement and participation of all the parties and their advocates. A neutral third party called "mediator" uses special negotiation skills and communication techniques to help litigants bridge their differences and find a solution to their dispute. Mediation always leaves the decision making power with the parties. A Mediator does not decide what is fair or right or apportion blame. Rather, a mediator acts as a catalyst to bring the two disputing parties together by defining issues and eliminating obstacles for communication and settlement.

Mediation is:

  • Voluntary
  • Confidential - only you decide what information may be shared with the other party or the court
  • Transparent - there are no surprises in mediation
  • Time and cost efficient
  • Informal - focusing on the parties' interests rather than the rules of procedure and evidence
  • Flexible - enabling the parties to resolve the dispute by themselves

CASES SUITABLE FOR MEDIATION:

All civil cases, except those where there are serious allegations of fraud. eg. Rent cases, partition, matrimonial, labour, specific performance, money, damages, injunction, declaration, land-lord and tenant, intellectual property etc. Cheque Bounce Cases (Sec.138 of N.I. Act).

It is important that the settlement at mediation should be lawful.

HOW TO GET A REFERAL FOR MEDIATION?

Under Sec.89 of CPC, in case there is element of settlement in a matter, the Presiding Officer may refer it for Alternative Dispute Resolution.  The parties/ their counsels are at liberty to seek for mediation, if they so desire by filing a memo in Court. If found appropriate, the Presiding Officer will refer the matter for mediation to the Mediation Centre.

AFTER THE PLEADINGS ARE COMPLETE:

  1. If it appears to the Court that there exists elements of settlement, the Judge would refer the case to Mediation.
  2. If both the parties desire, by filing a memo, they may seek reference to Mediation, and if the Judge in his discretion may refer the case to Mediation