Mediation is a process in which disputing parties attempt to resolve their disagreements with the help of an impartial, trained neutral third party... the mediator/Conciliator.
The mediator does not pass judgment but help the parties open communication, identify their differences and reach agreement on how to resolve them. A conciliator has a greater role than a Mediator. He make proposal, formulates and reformulates the terms of possible settlement.
Throughout the business world, and especially in common law jurisdictions, there is a recognition that properly conducted facilitative mediations/conciliations are generally the most effective means by which parties in civil and commercial disputes can resolve the matters that divide them without the delays, costs and uncertainties implicit in litigation.
When the disputing parties have reached a mutually acceptable solution, they sign a written agreement which outlines the terms of the settlement. Once the agreement is signed, parties are legally bound to abide by its terms. If the parties cannot reach a mutually agreeable settlement, they are free to arbitrate or litigate their dispute as if the mediation never took place.
The Indian law provides high legality for those settlement agreements arrived through Mediation / Conciliation. The Arbitration and Conciliation Act 1996 ensures equal status and effect for these settlements as if it is an arbitral award on agreed terms of the substance of the dispute rendered by an arbitral tribunal and this award shall be enforced under Code of Civil Procedure1908 in the same manner as if it were a decree of a court (Section 36, 74).
MEDIATION INDIA is based at Cochin, in the state of Kerala. The Mediation Centre was started in June 2005.
MEDIATION INDIA is one of the First Out-of-Court Settlement Houses in the state of Kerala. Dispute Resolution is achieved here through Mediation, Conciliation & Arbitration.
LEGAL STATUS OF A SETTLEMENT AGREEMENT AT MEDIATION INDIA:
At MEDIATION INDIA, when a settlement is arrived at in a dispute by Mediation or Conciliation, the Mediator, with the assistance of the parties, will formulate a Settlement agreement. This will be signed by the parties and upon authentication by the Mediator, it acquires the status of the DECREE OF A CIVIL COURT and it is final, binding on the parties and non-appealable. This Settlement Agreement shall be enforced under the Code of Civil Procedure1908.
About the Mediator :
The Mediation team comprises of a Chief Mediator and a panel of Mediators and Resource persons to assist the process. The Chief Mediator Mr. Kurian Mathew is a Graduate Mechanical Engineer and an entrepreneur. He has undergone Mediation Training under the European Training Team(ETT) conducted by the ADR Chambers UK, London, in association with the Indian Institute of Arbitration and Mediation. On his successful completion of the training and evalution, he has been given International Accreditation as Professional Mediator by the ADR Chambers(UK) and the Indian Institute of Arbitration and Mediation.
In December 2006, Kurian Mathew was selected to the Mediator's Panel of ICADR. ICADR - The International Center for Alternative Dispute Resolution functioning under the aegis of Ministry of Law & Justice, Govt. of India. Mr. Kurian Mathew is the FIRST and ONLY Mediator from the State of Kerala to be empannelled as a Mediator of ICADR. Also is the only Engineer from the state of Kerala in the ICADR Arbitrator's panel.
Mr. Kurian Mathew is a Charter Member and presently Secretary (Administration) of the Mediator's Council of India.
He has been a full time mediator since 2005. He has mediated in a large number of disputes from variety fields. He was the Mediator between the Govt. of Kerala and the Private Medical College Management Association in the 'Swasraya' issue; his involvement being specially mentioned in the Kerala Legislative Assembly in September 2006. His successful mediations include a single financial dispute of Rs. 150 crores, with over 5200 disputants, which is among the top success stories of Mediation in the state of Kerala.
Mr. Kurian Mathew underwent the Mediation training under the Mediation and Conciliation Project Committee of the Supreme Court of India in December 2008 and January 2009. After completing the necessary Practical experience in Mediation at the High Court of Kerala, Mr. Kurian Mathew was given accreditation by the Mediation & Conciliation Project Committee of the Supreme Court of India in January 2010, along with 28 other Mediators of the High Court. Eventually, Mr. Kurian Mathew happens to be the FIRST and the ONLY, Supreme Court Accredited Non Lawyer Mediator in India.
One of the main advantage of Mediation/ Conciliation over litigation is that the resolution process is supported by subject experts. MEDIATION INDIA has an effective panel of resource persons including, Doctors, Engineers, Architect, Lawyers, Chartered Accountant, retired revenue officer, Social worker, Service expert, Management expert, expert in canonical law etc. These resource persons help the parties to evaluate the case and if needed assist the mediation discussions directly.
Any party can request mediation by contacting MEDIATION INDIA and simply filing a written request. Then MEDIATION INDIA contacts the other party and arrange, schedule and conduct the mediation conference. Also, both parties can jointly approach MEDIATION INDIA for resolution of their dispute. If in any case, a Mediated settlement could not be arrived at, MEDIATION INDIA, if the parties require, shall arrange Arbitration as per the Arbitration & Conciliation Act 1996.
Compared to traditional litigated cases, which can take from months to years, most mediated cases are completed within 7 to 30 days, depending on the complexity of the dispute.
Our simplified procedures mean lower fees and accrued expenses for each party than are usually required from the more formal litigation procedures of preparation and trial in the court system.
MEDIATION INDIA provides premium discussion facilities at our mediation centre in Cochin. The parties select a mutually convenient time for the mediation. This avoids costly and time-consuming delays often experienced in the court system when postponements are needed due to the participant's unavailability or backlog of the court itself.
At MEDIATION INDIA, the parties decide when it work best for them. We are available to fit even the most busy schedules. We have early morning, late evening, and even weekend appointments available.
Private - Confidential
Parties interested in keeping their disputes confidential can do so in the privacy of the MEDIATION INDIA conference room in a very homely atmosphere- out of the public courtroom. For this reason, mediation is the preferred method of dispute resolution for many premium business houses.
Many courts are now directing parties both in civil and family court to consider submitting their cases to mediation professionals to relieve the court backlog and reduce the delay and expense now associated with trial in the court system.