What is mediation ?
Mediation is one of the most effective method of ADR mechanism as incorporated in the provision of section 89 CPC. Mediation is a nonbinding process in which an impartial third party- a mediator-facilitates the resolution of a dispute by promoting amicable agreement between the parties to the dispute.
Mediation as a means of Alternative Dispute Redressal Mechanism. Mediation has emerged globally as a tool to supplement the traditional court system for the resolution of disputes. It provides justice within reasonable time and without rigour of trial and less expensive. The courts are over burdened by too many cases and judicial mediation is one way to reduce the back log of cases and it provides quick and acceptable remedy to the dispute.
ALTERNATIVE DISPUTE RESOLUTION (ADR)
Alternative Dispute Resolution in its literal meaning is ” settlement of disputes outside the court ”. ADR is not an alternative to the court system but only meant to supplement the same to help in lessening the workload of the courts and provides quick and affordable justice to
the litigant.
The primary object of ADR movement is avoidance of vexation ,expense and delay in justice delivery system. It promotes the idea of “ access to justice “ for all. In other words, the ADR system seeks to provide a cheap , simple , quick and accessible justice.
The ADR mechanism covers the following heads:
- Arbitration
- Conciliation
- Judicial settlement including settlement
- through Lok Adalats and
- Mediation