What are various types of mediation and enumerate the distinction between Arbitration and Mediation.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2024
What are various types of mediation and enumerate the distinction between Arbitration and Mediation.
Answer & Explanation:
Types of Mediation Court-Referred Mediation - It applies to cases pending in Court and which the Court would refer for mediation under Section 89 of the Code of Civil Procedure, 1908. The courts have mediation centres where cases are referred, and following a preliminary investigation, the cases are assigned to skilled and qualified mediators from the Mediation Centres' Panel of Mediators. Court Annexed Mediation-In Court-Annexed Mediation the mediation services are provided by the court as a part and parcel of the same judicial system as against Court-Referred Mediation, wherein the court merely refers the matter to a mediator. Statutory/Mandatory Mediation - Some disputes, like those involving labour and family laws, are required by law to go through the mediation procedure. Mandatory mediation simply refers to the act of attempting mediation rather than requiring parties to resolve their problems through mediation. Private Mediation - In private mediation, qualified mediators offer their services on a private, fee-for-service basis to the Court, to members of the public, to members of the commercial sector, and also to the governmental sector to resolve disputes through mediation. Private mediation can be used in connection with disputes pending in Court and pre-litigation disputes. Online Mediation - Online mediation including pre-litigation mediation may be conducted at any stage of mediation, with the written consent of the parties including by the use of electronic form or computer networks. Distinction between Arbitration and Mediation Mediation is when a neutral third party aims to assist the parties in arriving at a mutually agreeable solution whereas arbitration is like litigation which is outside the court and which results in an award like an order. Mediation is more collaborative; arbitration is more adversarial. The process of mediation is more informal than that of arbitration. The outcome in mediation is controlled by the parties whereas in arbitration it is controlled by the arbitrator. In mediation, the dispute may or may not be resolved whereas in arbitration it is always settled in either party's favour.
Topics: Alternative Dispute Resolution
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