mediation

In mediation a neutral third person helps disputing parties to communicate, identify issues and negotiate a settlement. Unlike an arbitrator, the mediator does not decide anything; the outcome is whatever the parties agree to. The process is confidential, and what is said in it cannot be used in later litigation.

Courts refer cases to mediation under s.89 CPC. The Commercial Courts Act requires pre-institution mediation before most commercial suits that do not seek urgent interim relief, and the Mediation Act, 2023 provides a general statutory framework, including enforcement of mediated settlement agreements. It differs from conciliation mainly in that a conciliator may propose terms of settlement.

Example

The family court referred the custody dispute to mediation, and the settlement reached there was recorded as the basis of a consent decree.

In Indian law

• Section 89, Code of Civil Procedure, 1908
• Section 12A, Commercial Courts Act, 2015 (pre-institution mediation)
• Mediation Act, 2023

See also

alternative dispute resolution · conciliation · arbitration · lok adalat

Read more in the study notes

• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• ADR and the Civil Procedure Code: section 89 and Afcons (Alternative Dispute Resolution Systems)
• Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
• Conciliation: meaning, kinds and the role of the conciliator (Alternative Dispute Resolution Systems)
• Stages and procedure of conciliation under Part III (Alternative Dispute Resolution Systems)