Mediation and Arbitration is an Alternative Dispute resolution (ADR) where a third neutral party aims to assist two or more disputants in reaching an amicable settlement. It is an easy and uncomplicated party-centered negotiation process where a third party acts as a mediator/arbitrator to resolve disputes amicably by using appropriate communication and negotiation techniques. This process is to come to some sort of settlement where both parties are in a win-win position.
Mediators’/Arbitrators’ work is just to facilitate the parties to reach a settlement of their dispute. Mediators/ Arbitrators do suggest and give their legal views for the parties to come to a fair settlement.
The parties to a suit or other proceedings may agree on the sole mediator or group of mediators for mediation between them. The parties may either appoint the mediators on their own or may appoint the mediator from the panel of mediators Therefore, autonomy to appoint the mediator is given to the parties.
The persons who may be impaneled as a mediator -
Retired Judge of the Supreme Court.
Retired Judge of High Court.
Retired District and Session Judge.
District and Sessions Judge.
A legal practitioner with at least 10 years standing at the bar at the level of the Supreme Court, High Court, and District Court.
Expert or other professionals/ legal consultation with at least fifteen years standing.
Persons who are themselves experts in mediation and arbitration.
Not Qualified for Mediation and Arbitration
A person adjudicated as insolvent.
Whom criminal charges involving moral turpitude are framed by a criminal court and are pending.
Persons convicted by a criminal court for any offense involving moral turpitude.
Any person against whom disciplinary proceedings have been initiated which are pending or have resulted in a punishment.
Any person who is connected or interested in the subject matters of the dispute.
Any legal practitioner who is appearing for any of the parties in the suit.
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