In this process of mediation, the mediator encourages and facilitates the resolution of the dispute between the parties.
He uses his specialized skills and different negotiation methods to find their own mutually acceptable solution for their dispute. Thus he helps the disputing parties reach mutually acceptable and voluntary agreement.
In mediation, the mediator does not pass any judgement and the agreement is always done by the mutual consent of the concerned parties. Hence, it always is a Win-Win proposition.
In this process of mediation, the mediator encourages and facilitates the resolution of the dispute between the parties.
He uses his specialized skills and different negotiation methods to find their own mutually acceptable solution for their dispute. Thus he helps the disputing parties reach mutually acceptable and voluntary agreement.
In mediation, the mediator does not pass any judgement and the agreement is always done by the mutual consent of the concerned parties. Hence, it always is a Win-Win proposition.
In this process of mediation, the mediator encourages and facilitates the resolution of the dispute between the parties.
He uses his specialized skills and different negotiation methods to find their own mutually acceptable solution for their dispute. Thus he helps the disputing parties reach mutually acceptable and voluntary agreement.
In mediation, the mediator does not pass any judgement and the agreement is always done by the mutual consent of the concerned parties. Hence, it always is a Win-Win proposition.
In this process of mediation, the mediator encourages and facilitates the resolution of the dispute between the parties.
He uses his specialized skills and different negotiation methods to find their own mutually acceptable solution for their dispute. Thus he helps the disputing parties reach mutually acceptable and voluntary agreement.
In mediation, the mediator does not pass any judgement and the agreement is always done by the mutual consent of the concerned parties. Hence, it always is a Win-Win proposition.
In this process of mediation, the mediator encourages and facilitates the resolution of the dispute between the parties.
He uses his specialized skills and different negotiation methods to find their own mutually acceptable solution for their dispute. Thus he helps the disputing parties reach mutually acceptable and voluntary agreement.
In mediation, the mediator does not pass any judgement and the agreement is always done by the mutual consent of the concerned parties. Hence, it always is a Win-Win proposition.
In this process of mediation, the mediator encourages and facilitates the resolution of the dispute between the parties.
He uses his specialized skills and different negotiation methods to find their own mutually acceptable solution for their dispute. Thus he helps the disputing parties reach mutually acceptable and voluntary agreement.
In mediation, the mediator does not pass any judgement and the agreement is always done by the mutual consent of the concerned parties. Hence, it always is a Win-Win proposition.
WHY TO GO FOR MEDIATION?
WHY TO GO FOR MEDIATION?
Voluntary & Informal
The concerned parties can join or leave the mediation process at any time during mediation and that too for any reason OR even without any valid reason. This makes mediation a completely voluntary process. Parties also have the freedom to choose the mediator.
Mediation is a totally informal process which is not bound by any procedural rules and in which no evidences are to be produced. The mediation process is so informal that the parties can even decide the time and the venue at their will and convenience. Thus, the mediation can happen at home, the mediator’s office or any other mutually convenient place. Parties are allowed to express their emotions, anger, fear or concerns which has no place in arbitration or the court process.
Confidential
Mediation is always confidential – by statute, by contract and by rules and also is a privilege given to the parties. Thus, the confidential information revealed by the parties during mediation to the mediator and the documents produced by the parties to the mediator are always kept confidential. These submissions cannot be used as evidence in any subsequent or ongoing litigation.
Informed
Mediators always insist the parties to inform their related legal advisers and to request them to participate in the mediation process along with the disputing parties. Similarly, any expert opinions, if required are allowed to be taken during the mediation process and those can be incorporated in the dispute resolution process.
Party Controlled
The parties have complete decision making power and they are the ones who determine the terms of settlement as well as the outcome of the mediation.
Less Cost, Less Time, Less stressful!
A good mediator gives a lot of importance to the pre mediation preparation i.e. the preparation before the actual mediation process. If pre-mediation home work is done correctly by the mediator or even otherwise, the mediation process requires very very less time and so it is very cost effective. Moreover as both parties intend to resolve the dispute, the mediator can allow to express their emotions during the mediation process, thus making it less stressful.
Satisfying & Creative
The terms of the settlement are decided by both the parties mutually. Hence they can use their intelligence and creativity with the help of the mediator to resolve the problem and to come out with a mutually beneficial agreement. The parties thus get a chance to think differently, can utilize their creative mind and so naturally it is very satisfying.
Win-Win with High Success Rate
As the dispute resolution is controlled entirely by the parties, both the parties take care of their individual interests. This automatically becomes a win-win agreement for both. As the mediation process does not follow any specific protocol and is monitored by the intelligent mediator it has an average success rate of > 70%.
Finality
Once both the parties agree on the settlement terms and sign the agreement with the advise of the respected legal counsels, it is considered equivalent to the court decree according to the Section 73 of the Indian Arbitration & Concilliation Act, 1996.
WHY TO GO FOR MEDIATION?
Time pressure to settle the dispute
Many times in commercial disputes, both the parties incur huge amount of financial loses due to the dispute and want to settle the dispute at the earliest.
Privacy is critical and important
In high profile personalities, such as industrialists, film stars or politicians they intend to keep their disputes mainly personal in nature among themselves as media gives different colors to the dispute and image / brand gets spoilt. These personalities always prefer NOT to go in the court of law and prefer the confidential process of mediation.
Realisation of prolonged cases in the legal system
When the matter in dispute goes in the court, it takes plenty of years to get the court decree. In this period, both parties realise the importance of their time and the relation and thus decide to go for mediation for dispute resolution.
The advantage of mediation is that the mediation can be done even if the case is pending the court of law and if the mutual agreement is signed by the parties it always has a status of the court decree. By submitting this agreement to the related court, the cases can be withdrawn from the related courts.
On going relationship is important
Many times both parties are doing business with each other for many years and both of them understand each other’s honesty, intentions and desire to continue doing business together. In such cases, both the parties cannot afford to break the relationship only because of a single disputing issue between them and thus go for mediation.
Emotional importance
When there are family disputes, many of the relatives in disputes prefer to get the issue settled amicably without any bitterness in the relationship. In such cases mediation is always preferred. For eg. partitions and divorce cases in the reputed families prefer mediation.
HOW MEDIATION WORKS !
A) Appointment of the Mediator:
In mediation, the role of the mediator starts when one or both or all the parties come to Papillon Mediation centre and request for mediation.
If only one party approaches the centre, then the related case manager from Papillon, communicates to the other party, explains what mediation is and explains the neutral role of a mediator, thus convincing the other party to come on the table for mediation process.
B) Pre mediation meetings with the parties:
The Mediator meets both the parties separately to explain them in detail about the mediation process and guarantees them the neutrality of the mediator and the confidentiality in the mediation process.
C) Pre mediation conferences with the parties:
The parties, mainly in commercial and family disputes are requested to involve their lawyers in the process of mediation. In these conferences, the parties are allowed to explain their legal standings as well as the emotions behind the dispute and they are requested to jot down their expectations from the mediation process.
D) Pre mediation submissions:
Both the parties fill up the mediation submission form and then they are supposed to submit their concise statement of the case and what they wish to achieve. This is also called as a briefing paper or a position statement.
The mediator requests the parties and lawyers to mention in the position statement about three important aspects:
-
Why has the dispute not settled so far?
-
What concerns do the either party have for negotiating among themselves?
-
What problems may arise during mediation?
Discussions and submissions about the above mentioned points, helps the mediator to decide the strategy during mediation.
E) Setting the procedural framework:
Where will the people meet? How many would be there? When they will meet? How long one session would last? What about the food? Who will sit where? The answers to all these questions are very important for the success of mediation. After a detailed thought process about all of the above points the following things are finalized for actual mediation:
-
Date of the Mediation meeting
-
Time & length of the meeting
-
Place of the meeting
-
No. of participants
Rules & protocols to be followed
Once the parties gather together for mediation at pre determined place and time, following protocol is observed:
A) Mediators opening statement:
After introduction of every person present for the mediation and after self introduction, the mediators explains to the parties the protocol for the meeting, the role of the mediator as a controller, and the stages of mediation.
B) Parties’ communication:
Parties narrate their perspectives in front of each other and the legal counsels give their legal standing and the merits of the case for mediation. This session lasts for quite a few hours and for the first time the related parties understand the other side’s emotions as well as their expectations.
After this combined session, the mediator meets the parties and their lawyers in private meetings and tries to understand their concerns, needs and priorities. Both parties share their confidential information if any, with the mediator and the mediator assures them about its non disclosure.
The mediator asks the parties to come together again and encourages and facilitates the dialogue using his communication skills. As a result, parties are able to clarify their needs, interests and concerns. This stage is also called as the procedure of gathering information.
C) Understanding the issues and problems:
After gathering the information during communication, mainly in the private sessions, the mediator assists the parties the areas of agreements and disagreements and helps them to find common ground for the settlement agreement.
D) Negotiating:
The mediator helps the parties by using his scientific mediation techniques and communication skills in creating and exploring several options that can resolve the dispute.
Parties with the help of their legal counsel, evaluate and finalize the feasibility of the options created.
E) Outcome / Closing:
The mediator helps the parties for mutually acceptable settlement.
After acceptance of the terms and conditions, a written memorandum is prepared by the legal counsel, with the help of mediator.
The parties mutually agree the mechanism for enforceiability of the signed settlement agreement.
F) Outcome (resolution / no resolution)
Sometimes mediated discussions end without any resolution of the negotiating issues.
There may be a situation that the parties agree on a few issues but do not agree on a few of the issues.
There can be a final memorandum mentioning clearly about the settled and not settled issues which will help the parties settle those in future.
HOW MEDIATION WORKS !
A) Appointment of the Mediator:
In mediation, the role of the mediator starts when one or both or all the parties come to Papillon Mediation centre and request for mediation.
If only one party approaches the centre, then the related case manager from Papillon, communicates to the other party, explains what mediation is and explains the neutral role of a mediator, thus convincing the other party to come on the table for mediation process.
B) Pre mediation meetings with the parties:
The Mediator meets both the parties separately to explain them in detail about the mediation process and guarantees them the neutrality of the mediator and the confidentiality in the mediation process.
C) Pre mediation conferences with the parties:
The parties, mainly in commercial and family disputes are requested to involve their lawyers in the process of mediation. In these conferences, the parties are allowed to explain their legal standings as well as the emotions behind the dispute and they are requested to jot down their expectations from the mediation process.
D) Pre mediation submissions:
Both the parties fill up the mediation submission form and then they are supposed to submit their concise statement of the case and what they wish to achieve. This is also called as a briefing paper or a position statement.
The mediator requests the parties and lawyers to mention in the position statement about three important aspects:
-
Why has the dispute not settled so far?
-
What concerns do the either party have for negotiating among themselves?
-
What problems may arise during mediation?
Discussions and submissions about the above mentioned points, helps the mediator to decide the strategy during mediation.
E) Setting the procedural framework:
Where will the people meet? How many would be there? When they will meet? How long one session would last? What about the food? Who will sit where? The answers to all these questions are very important for the success of mediation. After a detailed thought process about all of the above points the following things are finalized for actual mediation:
-
Date of the Mediation meeting
-
Time & length of the meeting
-
Place of the meeting
-
No. of participants
Rules & protocols to be followed
Once the parties gather together for mediation at pre determined place and time, following protocol is observed:
A) Mediators opening statement:
After introduction of every person present for the mediation and after self introduction, the mediators explains to the parties the protocol for the meeting, the role of the mediator as a controller, and the stages of mediation.
B) Parties’ communication:
Parties narrate their perspectives in front of each other and the legal counsels give their legal standing and the merits of the case for mediation. This session lasts for quite a few hours and for the first time the related parties understand the other side’s emotions as well as their expectations.
After this combined session, the mediator meets the parties and their lawyers in private meetings and tries to understand their concerns, needs and priorities. Both parties share their confidential information if any, with the mediator and the mediator assures them about its non disclosure.
The mediator asks the parties to come together again and encourages and facilitates the dialogue using his communication skills. As a result, parties are able to clarify their needs, interests and concerns. This stage is also called as the procedure of gathering information.
C) Understanding the issues and problems:
After gathering the information during communication, mainly in the private sessions, the mediator assists the parties the areas of agreements and disagreements and helps them to find common ground for the settlement agreement.
D) Negotiating:
The mediator helps the parties by using his scientific mediation techniques and communication skills in creating and exploring several options that can resolve the dispute.
Parties with the help of their legal counsel, evaluate and finalize the feasibility of the options created.
E) Outcome / Closing:
The mediator helps the parties for mutually acceptable settlement.
After acceptance of the terms and conditions, a written memorandum is prepared by the legal counsel, with the help of mediator.
The parties mutually agree the mechanism for enforceiability of the signed settlement agreement.
F) Outcome (resolution / no resolution)
Sometimes mediated discussions end without any resolution of the negotiating issues.
There may be a situation that the parties agree on a few issues but do not agree on a few of the issues.
There can be a final memorandum mentioning clearly about the settled and not settled issues which will help the parties settle those in future.