logo
Call Us
+91 98222 75574
img
img

Mediation

1) Mediator is a trained and qualified negotiator
2) Mediator is a qualified, neutral (mostly unknown) third person
3) There is a fixed procedure and framework
4) Emphasis on interests of both the parties
5) Agreement is always on Win-Win terms
6) Settlement agreement has a legal recognition

VS

Compromise

1) Person concerned is neither trained nor qualified in mediation
2) Person concerned is either a known person to both parties OR a person of power
3) No specified procedure is followed
4) Emphasis on power and rights
5) Agreement is mostly favoured towards one party (mostly patients)
6) Mostly the agreement terms are legally non-enforceable and can be breached

Mediation

1) Voluntary
2) Mutually agreed settlement
3) Interest based settlement
4) Complete flexibility (in terms of settlement terms and time)
5) Time saving & Cost effective
6) Both parties are satisfied

VS

Arbitration

1) Mandatory (on order of court)
2) Verdict / award given
3) Evidence based judgement
4) Not flexible (in terms of settlement terms or time)
5) Time consuming & very costly
6) Usually only 1 party satisfied

  • Mediation is a process in which a neutral third person (mediator) creatively resolves the dispute between two or more parties.
  • 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.
  • Mediation is a process in which a neutral third person (mediator) creatively resolves the dispute between two or more parties.
  • 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.
  • Mediation is a process in which a neutral third person (mediator) creatively resolves the dispute between two or more parties.
  • 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.

Benefits of 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.

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%.

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. 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.

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.

Exit Option Available

Mediation is a voluntary process where parties remain in control throughout. If they feel the mediator is not neutral or the process is no longer productive, they can choose to exit at any stage - ensuring confidence, fairness, and complete freedom of choice.

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.

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.

Finality (Status of a Court Decree)

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.

How Mediation Works !

Pre Mediation Preparation

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.
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.
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.

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.

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
img
img

Actual Mediation Process

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.
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.
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.
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.
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.

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.

About Us

Dr. Koparkar, a successful medical professional and entrepreneur businessman after completing 30 years of experience thought of utilizing his knowledge, intelligence and experience for the society to resolve their disputes without going into the court of law and to do better business.

Quick Links

Services

Address

Anand Smruti, Flat no.4, Prabhat Road, Lane no. 9, Opp Buldhana Urban Co Op Bank, Erandwane, Pune, Maharashtra 411004

© 2026 Papillon Mediation. All Rights Reserved. | Designed by Creative Crows