Mediation is governed under section 89 of the Code of Civil Procedure, 1908. Mediation is governed by confidentiality and is also based on the agreement enforceable by law.
The mediator plays a facilitative role and attempts to guide parties towards a solution.
The Mediator is: independent; neutral; non-judgmental; non-advisory, and will not comment on any personal perception of relative strengths or weaknesses.
Unlike the Litigation procedure, the parties remain in control as they have agreed voluntarily to participate in mediation and are free to end the process at any time.
The concept of Mediation was introduced with the purpose of amicable, peaceful and mutual settlement between parties without intervention of the court. The dispute between parties reaches trial only when there is a failure of resolution via Mediation.
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