Mediation is a process in which the third party is involved in solving a dispute between two parties. Mediation helps in ignoring involvement of court and lawyers. In other words, it is ‘out of court settlement’. It is a voluntary process. It depends upon both the parties that whether they want to go to court or to go to mediation. One of the main advantages of mediation is that the control over resolution is with parties whereas in court cases control over resolution resides with a judge.
Mediation is a simpler process as there is saving money and time as well. Mediation helps in solving domestic cases such as divorce, child custody, civil damage etc. in other words, we can define it as a solution for finding a common ground for both the parties. It is an intervention of the third party between two contending parties in order to settle their disputes. The third party in such case is called Mediator. A mediator is a neutral person. He is not in favor of any of the parties.
If a normal person seeks a divorce, no one can estimate that how much expenses he has to incur for court proceedings. Changes in avenues, new issues can increase the time of court proceedings and hence more charges of a lawyer. When we compare the cost of a court case with a cost of mediation, it is comparatively very less. Mediation helps in solving a case at a very reasonable budget. Mediation can be proven as a more flexible solution to any dispute than court cases. In mediation, the person is informed in advance of the cost of every further meeting and can easily let person calculate what he is spending on it.
The mediator acts as an anchor as he is a person, who provides confidence in uncertain situations. The process of mediation is very simple. In beginning, both the parties prepare statements to present in front of the mediator. They can present documents that support their statements. The copy of those has to submit to a mediator. Both the parties sign the mediation agreement. It is compulsory for both the parties to reach few minutes before the mediation. The mediator spends considerable time with both the parties. The mediator need not reach any solution, it is for parties to reach some solution. If an agreement is reached then it is written and signed there only.
Mediation is not as easy in every case. It is uncomfortable and challenging at times. Sometimes parties feel like they are wasting their time and leave without reaching an agreement. Sometimes the parties do not reach any common grounds, this leads to failure of mediation. Mediation does not always lead to success. It is possible that mediator has to intervene in contending parties. It is also possible that the solution given by the mediator is not accepted by any of the parties. Sometimes mediation can lead to increase in disputes and Mediation costs. Non-acceptance of solutions given under mediation can force parties to shift to courts.
Mediation is useful where both the parties agree to same conditions. If this is possible then only mediation can be proved as a cheaper source for finding solutions.