It immediately puts disputants in control of both, the dispute and its resolution.
The process is voluntary and parties can opt out of it at any time if they feel it does not help them.
The process is confidential, the procedure is simple and the atmosphere is informal.
Procedure can be modified to suit the demands of each case. Mediation can be initiated at any stage in a case - pre-litigation, during trial or at the appeal stage. Issues can be limited or expanded during the course of the proceedings.
It shows parties the strengths and weaknesses of their respective cases which help them find realistic solutions.
It focuses on long-term interests, examines alternatives and helps create options for settlement. It gives an opportunity to the parties to fully resolve all their disputes.
The process improves communication between the parties which is crucial to resolving any dispute.
Disputants save precious time and energy. Time spent in Mediation is significantly less than the time needed for trial and appeal. A case which lasts for years in court can be disposed of within days, weeks or months after Mediation starts.
Disputants save costs on what invariably becomes a prolonged litigation. It is less expensive than other forms of dispute resolution. If the case is settled through Mediation, the court fee paid by the plaintiff may be refunded by the Court as per Section 16 of the Court Fees Act and applicable rules.
Mediation helps restore broken relationships and focuses on improving the future, not on dissecting the past. It is particularly effective in disputes where ongoing relationships between parties are important, such as business partnerships, family matters, or community relations. By fostering open communication and collaborative problem-solving approach, mediation helps preserve these relationships and mitigate the emotional strain that can accompany adversarial litigation.
Parties opt for more by signing a settlement that works to benefit both. By working together to craft a settlement, parties are more likely to reach agreements that are mutually beneficial and tailored to their unique needs and concerns.
At the end of Mediation, disputants can actually shake hands with their opponents.
With every case that is settled, other related cases between the parties also get settled.
There is no further appeal. It saves judicial cost and time.
