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Resolving disputes through mediation

Photo: M. Periasamy


“We are looking forward to a time when clients would themselves raise the concept of mediation with their lawyers,” said Michael Lind, Managing Director, The Alternate Dispute Resolution Centre, the U.K.

In Coimbatore for the inauguration of a Mediation Centre, he spoke to Anasuya Menon on the concept of mediation and the need to create awareness on it. Mr. Lind is part of a growing global campaign in promoting mediation as an alternative to the time-consuming legal procedure.

As director of the ADR group, he has been involved in the development of mediation in the U.K. and other countries.

“We speak to the Ministry of Justice in various countries and try to work out mediation models suitable for each country,” he said.

“Mediation is a voluntary process. It serves the interests of the clients and brings relief to the parties concerned within a shorter span of time.

Legal procedures generally involved time and expenditure. Some cases ran into several years before they were settled. Mediation was a more flexible and informal way of settling a dispute when compared to the court system,” he said.

Cases

The development of mediation in the U.K. started in 1989 and since then, thousands of cases have been resolved through mediation. Awareness is growing and U.K. has introduced mediation as a subject at the undergraduate level in legal studies. It has been brought into the main legal arena.

Mediation has been designed to run in parallel with the existing legal system. A mediator need not necessarily be a lawyer.

He or she could be a trusted third party neutral who has a good understanding of the case.

It is possible to have mediation for almost all kinds of cases if the parties involved are willing.

It especially works well in cases of divorce, custody, property and finance.

However, there is a need to create awareness on mediation among the lawyers themselves. In India, the opportunities for mediation are plenty. The court itself suggests mediation in various cases and private mediation too is coming up in a big way. “It is going to take a while before people became aware of the concept in India. But, it is going to happen,” he said.

Most often people realise the need for mediation only after they have filed a complaint in the court.

Now-a-days, companies and cases where more than two parties were involved are opting for mediation even before a filing a complaint.

Partnership

The ADR Group is also working in partnership with companies in about 10 countries for facilitating sharing of information between countries on the various models of mediation. It is also training mediators and getting more lawyers to encourage mediation.

“Don’t be scared of mediation. Take the help of a professionally trained mediator,” Mr. Lind said.

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