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What is standard clause of Mediation?
That any and every dispute, difference or question which may arise between the Parties to this Agreement shall be first settled by the Parties by an attempt at amicably setting the dispute through mutual negotiations. In case the disputes, differences or questions cannot be settled amicably or satisfactorily by correspondence or by mutual discussion within thirty days (30) after receipt by one party of the other party’s request for amicable settlement, it shall be referred to mediation to a panel of PMA Accredited Mediators. Mediation proceedings will be governed by the internationally recognized rules of mediation.
An alternative to cost and time – Mediation
If you have a case pending at the High Courts of Civil Courts, request the Presiding Officer of the Court to refer your case for mediation at Centre for Dispute Resolution (CDR).
What is Mediation?
Mediation gives the disputants the opportunity to reach an agreement through a flexible out-of-Court process. All parties meet with a trained mediator who helps them to communicate with settlement of their dispute.
How to try Mediation?
The disputant may request the presiding Officer of the court of refer their case for mediation CDR or if a case is not yet filed in the court CDR may be contacted for resolution of dispute through mediation.
Benefits of Mediation
Conducted professionally by trained and internationally accredited Mediators.
- Recommended by National Judicial Policy and protected under the Section 89-A, Order X Rule 1A of CPC.
- Usually settlement reached within 1-5 sessions.
- Settlement reached in 70% of cases.
- Communication with the mediator and the proceedings remain private and confidential.
- Legal rights of the parties are not affected.
When will the Meditations Session be held?
After receiving prescribed fees and relevant documents, CDR will schedule a mediation session at a mutually covenant date and time (usually within one week) at CDR. The mediator will contact the parties before the session.
What happens at Mediation?
Each party gives a brief account of the dispute. The mediator will then discuss the issued involved with the parties, both individually and through combined discussions. Once the mediator understands the key issues of the dispute and any areas of agreement, he can encourage the parties to think of possible solutions.
What happens if no agreement is reached?
If no agreement is reached, parties would be free to continue with court proceedings. Anything disclosed during the mediation is confidential and cannot be used in court unless both parties agree.
Who can attend the Mediation?
You can come by yourself or with a legal representative/lawyer. Since it is not a trial in court witnesses are not required.
How much will it cost?
The cost mediation will be based on the value of the claim.