Mediation Law Firm

Mediation Lawyers

Mediation in India includes both Judge-referred mediation (under statutes like Section 89 of the Code of Civil Procedure, 1908 and Rules framed thereunder, e.g., mediation rules under IBC) and Private or Party-referred mediation. Courts strongly encourage parties to amicably settle their disputes in the interest of justice and parties need not appear in Court to prove their case.

The Parties themselves approach a qualified and skilled mediator directly and conduct the mediation in privacy. Often the fees of the mediator/s are fixed at the beginning of the process. This form of Alternative Dispute Resolution is widely adopted and is commonly used for civil, commercial, corporate and family disputes.

How Does Mediation Work in Legal Disputes?

India Law Offices LLP's experienced and trained mediators follow a structured process while adapting to the individual needs and circumstances of each dispute. The mediation process actively seeks to foster open and informative communication between the parties, and to help them grasp each other's viewpoints in detail.

• Agreement to Mediate: In these Model Mediation Agreements, the parties initiate the mediation process by agreeing to mediation and selecting a mediator.
• Preparing for pre-mediation: Before entering mediation both parties prepare a brief which includes the facts, the issues and their objectives for coming to mediation.
• Mediator explains process: Mediator explains process and sets rules for the first meeting. This phase involves open discussion between the two sides involved in a conflict and private meetings with the mediator. In negotiation and discussion the parties share their point of view while the mediator gives guidance.
• Exploring Solutions: The mediator will help both parties determine solutions and common ground needed to resolve the conflict.
• Finalizing Agreement: Parties develop and finalize settlement agreements which can be taken to court when necessary. This process is so powerful because it keeps relationships intact, maintains confidentiality, and creates innovative solutions not accessible to the courts.

Types of Mediation Services

Mediation in India covers a variety of disputes, ranging from commercial and corporate disputes to family matters, inheritance disputes etc. It can also extend to disputes between neighbours and tenants.

• Civil Mediation

Other matters including property disputes, contract disputes and debt recovery matters can also be mediated to try to reach a resolution in a cost effective manner without resort to lengthy litigation.

• Commercial Mediation

Businesses generally prefer mediation to achieve the resolution of contractual disputes, partnership disputes amongst companies, shareholders disputes and all other investor issues while preserving their commercial relationships.

• Family Mediation

More sensitive matters such as divorce, child custody and care issues and maintenance requirements can also be dealt with through mediation. A family mediation lawyer will provide a fair and balanced approach to such matters whilst endeavouring to resolve both the emotional and legal aspects of the case.

• Consumer Disputes

Mediation is one of the ways of resolving grievances arising out of consumer facing issues like defective products, deficient services and unfair trade practices, without needing to approach Consumer Courts.

• Employment and Professional Disputes

Workplace conflicts, wrongful termination, harassment can be resolved with structured negotiation.

• Court-Referred Mediation vs. Private Mediation
• Court-Referred Mediation: Dispute Resolution Applications are initiated by the courts in relation to on-going litigation, with a view to facilitating settlement. Any agreement reached can be formalised and rendered enforceable by the court.
• Private Mediation: Unlike most court-ordered processes, mediation is conducted outside of a judicial setting. During mediation, the parties contract with a single mediator for their dispute. This format of mediation provides several important advantages to the parties including greater flexibility in scheduling the mediation session, more confidentiality than in court-ordered processes, and a far greater degree of control as to how the process will be conducted.

Benefits of Mediation

• Voluntary and party-driven process
• Confidential and private proceedings
• Cost-effective compared to litigation
• Faster resolution of disputes
• Preserves personal and business relationships
• Flexible and solution-oriented outcomes

How India Law Offices LLP Assists in Mediation

India Law Offices LLP mediation lawyers have ample experience in handling variety of disputes including civil, commercial, corporate and family disputes. Our mediation lawyers work diligently to protect the interests of our clients and help them reach a practical and desirable settlement while engaged in the mediation process.

Our Assistance Includes:

• Pre-Mediation Strategy and Preparation

Our approach involves an in depth assessment of your case, the preparation of factual briefs, the identification of legal and commercial issues, and advice on the most effective course of action whether through negotiation.

• Legal Advice and Risk Analysis

With clear advice on your position, the potential consequences, our team can help you make an informed decision as to the best way to progress your claim. This can involve either settlement of your claim or proceedings against the other party.

• Representation During Mediation

We fully participate in all mediation sessions and endeavour to ensure that full representation is given to help safeguard your interests. Our approach at negotiation is to endeavour to achieve our clients' objectives through a combination of assertiveness and cooperation with the other parties involved.

• Drafting and Finalizing Settlement Agreements

Even after a resolution has been reached, we can prepare detailed and enforceable settlement agreements and file them in Court, if required.

• Post-Mediation Support

If mediation does not result in a settlement, India Law Offices LLP is equipped to transition to litigation.

• Specialized Expertise

We are able to provide client focused solutions to a wide range of disputes including matrimonial disputes, consumer disputes, commercial disputes, land disputes, employment disputes and investor/state disputes.

Why Choose Mediation?

Mediation is more than an alternative to Litigation – it is often a better route to resolving disputes. By choosing mediation, you can retain control of the matter, have it resolved as quickly or slowly as you wish and in the manner which is most appropriate to you. India Law Offices LLP provides cost effective and efficient mediation services that offer a combination of vast legal experience and strong negotiation skills in order to achieve the most favorable outcome possible.