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What is Mediation?

Mediation is a confidential process where the parties attempt to reach an amicable settlement of their dispute with the assistance of a third person or persons

(“the mediator”).

Hands Up

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Benefits of Mediation

Confidential

The entire Mediation process is completely confidential. The Mediator cannot be called as a witness in Court.

Cost Effective.

Effective Mediation is high cost-effective. Due to the very nature of Mediation, parties save a lot of costs in lawyers' fees, court fees, etc. and most importantly opportunity cost.

Saves Time.

Mediation saves time in enabling the parties to avert the long and tedious court procedures.

Peaceful.

Mediation is not adversarial in nature. The entire objective is to arrive at an agreement with the consent and participation of all parties.

Mediation

Mediation is a way of resolving disputes in a practical and fair manner. Mediation helps to avoid months and years of frustration inherent in litigation. Mediation helps to avoid the uncertainty and dissatisfaction often experienced in court or in arbitration where you have to accept the judgements or awards made or continue fighting till the last remedy is availed of with no end of the dispute in sight. No Court, no Judge and no Arbitrator is involved in Mediation. YOU are in control of the outcome!

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It is important to understand how Mediation has been defined in the Singapore Convention on Mediation. The full title of the Singapore Convention on Mediation is the United Nations Convention on International Settlement Agreements Resulting from Mediation and it defines “Mediation” as a process, irrespective of the expression used or the basis upon which the process is carried out, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person or persons (“the mediator”) lacking the authority to impose a solution upon the parties to the dispute.

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Essentially, a mediator helps all the disputing parties reach a mutually acceptable agreement. Mediation is also completely voluntary, and any party may withdraw at any time without any consequence except for the fact that the party loses any control they may have over the situation and shall have to submit themselves to adjudication of the dispute to a third party, either a Judge or an Arbitrator. There is no order passed at the end of a mediation process. The outcome of Mediation is usually a written agreement that the parties arrive at to resolve their dispute.

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At Mediation Initiative, we endeavour to find a resolution to your dispute. Our trained mediators have a wealth of experience in dispute resolution. We have built this experience over many years. Our mediators remain impartial and don’t take sides, offer any legal opinions or pass judgments. The sole aim of our mediators is to help find a resolution to your dispute. We firmly believe that the Mediation process and the Agreement arrived at, is more beneficial to everyone concerned, in terms of time and money and is sustainable; more than what would be the outcome of litigation or arbitration.

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The brief process of Mediation:

  • Either one or all parties contact Mediation Initiative to start the Mediation process.

  • We contact all parties and fix the time, venue and other details of the Mediation process. 

  • Meetings take place and continue to take place until an Agreement is arrived at or the parties decide to call off the Mediation.

  • Both parties share the cost of mediation equally. The cost will vary as it depends on the value and complexity of the claims or disputes.

  • Mediation is completely confidential.

  • Compared to litigation, the mediation process with us is very flexible. We can mediate at any place, at any time and not limited to ordinary working days or hours. We understand our clients and strive to keep the entire process comfortable and flexible to suit the needs of different individuals.

  • Mediation is arranged at a venue convenient to all the parties. The only requirement is that the venue should have a minimum of two separate rooms.

  • The mediation process is 'without prejudice', so if a settlement is not reached, litigation/arbitration may continue without the parties needing to worry about having disclosed anything during the mediation that the other could use in court.

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In a successful Mediation, there are no losers, only winners!

Mihir Govilkar, Lawyer & Mediator, discusses briefly the process of Mediation and some basic concepts about it. Watch the video to know more.

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