Mediation is a dispute resolution process wherein a mediator is appointed to facilitate the process with an intention to resolve the dispute. Compared to other dispute resolution methods like Litigation, Arbitration & Conciliation, the Mediation process is informal.
The mediation process is voluntarily opted by the individuals or organisations at stake in the dispute, and the entire process is conducted without prejudice.
In the mediation process, we invest efforts to strike a balance between the differences faced, by applying collaborative dispute resolution methods to resolve our conflicts.
Not all disputes need to go through lengthy legal battles. Even if a legal case is ongoing on any matter, the informal discussions can still happen out-of-the-court by involving already appointed lawyers and a professional mediator. The mediator’s role is to facilitate dialogues and conversations between the parties, either directly or via their appointed lawyers.
The intention to sign up for a mediation process is to engage in discussions, explore possible agreements, harvest new offers and acceptances, finally to design a mutually agreeable solution. In addition to facilitating dialogues and conversations, the mediator applies conflict resolution theories and methods to reach the dispute’s end.
The mediation process works suitably for family disputes, disputes at the workplace, and disputes arising from business contracts. There are three ways to opt for mediation: court-annexed mediation, institutionalised mediation, and via a private mediator.
At Dialogue den, it is about private mediation. The private mediation procedure is organised in 3 STAGES.
Stage 1: Initiation
Step 1: Pre-Mediation Counselling
The intention of this counselling is to assess the suitability of mediation to the dispute situation. Whether mediation process can and should be opted.
Step 2: formally Appointing mediator
A formal written arrangement with terms, conditions and authorisation to the mediator to mediate must be signed.
Step 3: First intake for information
This discussion can be held individually or jointly with all the persons at stake in the dispute. The first information is compiled and a mutual agenda is agreed upon.
Stage 2: mediation journey
Possibility 1: joint sessions
The joint sessions calls for discussion by the mediator in presence of every person, with or without appointed lawyers.
possibility 2: Individual/ caucus sessions
The separate individual sessions can be asked at any point of time of the process, or the entire process can happen on caucus basis.
possibility 3: hybrid sessions
The sessions can be conducted in hybrid mode, at mutual convenience, by online or in-person meetings, jointly or individually.
Stage 3: Final result
(solution/ agreement/ settlement)
Choice 1: verbal understanding
If the dispute is resolved or even if left unresolved, it is at the full discretion of the persons involved to decide if the decided points will be transformed into a written document.
choice 2: Self drafted document
The persons involved in the mediation process can either draft a written document on agreed terms by themselves, or with assistance of the mediator.
choice 3: sign a legal document
The final result of a mediation can be formally drafted in a written document. The same can be vetted and stamped under the regions’s Contract Laws.