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Private Mediation

Negotiate and settle for more
In contra-distinction to Court annexed mediation, private mediation, so called, is, when a private individual that includes a company, in a conflict situation approaches a mediator to help him/her resolve the dispute. It will go by the same moniker, if two rival parties to a dispute who are not able to agree on some point or issues that escalate to strain their relationship, are however in concert to seek for resolution of the problem by reference to a neutral or mediator to mediate between them.
It is not yet a popular tool, as it should be, only because a settlement that is arrived at, if breached again by some party, the party who is aggrieved could only have a resort through the normal litigation route by approaching the Court for enforcement of the agreement. Some parties and institutions have found a way around it by naming the reference to a mediator as ‘conciliation’, which if done, could invest in the negotiated settlement the character of an award and hence enforceable as if it were a decree. Legislative efforts are on to put a law on mediation in place and with India signing the Singapore Convention, a stand alone legislation for mediation is imminent.
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In India, private mediation is gaining popularity for its own inherent strength. It is as empowering as most desirable in that it allows parties to steer their own processes and assures them of an outcome that they choose to adopt. The power of judgment is not ceded to some other person but held by the scruff, as it were, by the parties themselves!

It could just be any type of dispute. Its possibilities are immense. Private mediation could quell family disputes, trade disputes, consumer disputes, commercial disputes and what have you! Public policy may however dictate heinous crimes could not be the subject of mediation itself, leave alone private mediation. This site is principally directed to help parties recognize this genre of its latent potential and secure large scale conversions of astute and die hard litigants to active adherents of mediation practice!

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