Mediation: A Tool for Access to Justice

Mediation is a process by which two parties having a dispute between each other go to a third person to help them solve the dispute. disputes regarding commercial transactions, injury or construction workers, compensation of labor, community relations, divorces, employment or other matters which do not involve complex procedure can be taken under mediation. It could be a formal meeting or an informal meeting, which may already be trialled in court or might be filed in the court in the near future.
A mediator is known as a common prudent man who would use his reasoning in an impartial way to reach out to a solution for the disputes of both the parties. The mediator must be someone who listens patiently and has good listening skills. He is someone with expert knowledge about the matter he may or may not be an attorney but he cannot give his legal advice.
Mediation is beneficial to both the parties due to numerous reasons
Mediation is beneficial because of the low time2 it takes to solve the dispute or reached the conclusion and even the charges that can be paid to the mediator are much lower than that spent on filing the case in the court as well as being the lawyer. Immediate usually charges the party per hour, unlike a lawyer who charges per hearing as earring could just go up to a few minutes. Mediation also helps the parties to maintain confidentiality and to have private sessions with the mediator.
The mediation process also helps parties to choose accordingly the time they want the mediation process to take place. Apart from that, the mediating parties have the confidence that no other people are known about what the matter of the dispute is unlike the court, where there can be other people sitting and hearing the case.
The concept of mediation came alive through the industrial dispute act in 1947.
It was followed by the arbitration and conciliation act of 1996. Judicial mediation prevailed initially and was led by the court itself over the years due to the burden on the judiciary mediation processes had to be outside the court even an important factor which should be known as that mediation is voluntarily it cannot be forced.
The role of a mediator the chief justice of India acted as a mediator during the Babri masjid case. The median can discuss the matter with the parties we can give advice to the party is it regarding

the matter we can help them solve the differences but in no case should he be mistaken as an adjudicator.
Usually seen that the matters of divorce time consuming even in mediation than that of commercial transactions. according to money loss and religion, marriage is a holy sacrament that cannot be dissolved without an attempt to reconcile, this makes the task of a mediator even more difficult. Mediation is an effective way in case of solving disputes on urgent matters as the court could take too long as it is already bored in which so much work.
The process of mediation Mein sounds simple but no it has many drawbacks. Usually, mediation is classified into 5 steps. Everything begins with the meeting to introduce the mediator with the dispute the parties, thereafter which each party gets their time to explain their side of the case so as for the mediator so as to take the right decisions3 and direct the matter in the right way. He is the one who is known as the expert in the field and he is impartial so he would be in a better place to direct both the parties to reconcile in the least time possible.
letter on the mediator discusses his side about what he feels and what are the possible solutions to the disputes according to him. The mediator then without a plan which according to him would be the right for both the parties and let on the parties to the mediation meeting can amend the plan by mutual consent.
In all mediation is a process to help the parties to resolve the dispute at the earliest at the least cost and in a way that is confidential.

Jahnavi Khandare
Jahnavi Khandare

TY-BBA.LLB Student at MIT-WPU School of law

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