WHAT IS MEDIATION AND ITS PURPOSE
Mediation is a voluntary, party-centric, negotiation
process where a neutral, third person, known as a
Mediator, assists the parties in resolving their
disputes using specialized communication and
negotiation skills. The parties themselves decide
the terms of settlement during the process of
mediation facilitated by the Mediator. Once the
terms of settlement are agreed and signed by the
parties and the Mediator, they are binding and
enforceable like a decree/award. Mediation is not
bound by rules of evidence or procedure. The
discussions are confidential, without prejudice and
cannot be used in courts.
The parties can always go back to Courts or
Arbitrator if there is no settlement in Mediation.


WHY CHOOSE MEDIATION?
 Fast, easy and efficient resolution of disputes
within a fixed timeline
 Cost effective compared to court or arbitration
 Flexible and informal as not bound by rules of
evidence or procedure
 Confidentiality of discussions in mediation
 Improves and mends on-going relationships
 Can be held virtually or physically
 Opportunity to negotiate agreed terms
 Offers discussed are without prejudice
 Voluntary settlement by parties
 Option of going back to Court or for arbitration
if mediation does not result in settlement
 Settlement before a Mediator is binding and
enforceable in law like a decree/award
 Avoids litigation stress and is win-win for all
 It is supported by the existing judicial system


STEP-WISE PROCESS OF MEDIATION
Step 1:
The Parties can be referred for mediation at
any point of the matter. Parties can request
themselves for reference to mediation or the
Court can refer the Parties to mediation if the
Court find any elements of settlement
between the Parties. The Mediator meets all
the Parties to the disputes in a joint, opening
session and explains the process of
mediation, including its voluntary and
confidential. The Mediator gathers all the
information from the Parties about their
conflict. Parties are also informed that the
terms of agreement cannot be imposed upon
them but once the terms are agreed and
signed, they are binding upon the Parties.
Step 2:
The Mediator thereafter usually sits in single
session with each Party to avoid direct
conflict. Mediator actively listens in detail to
understand the underlying interests and
concerns of the Parties and explores options
for Settlement. Separate single session is also
a face-saving mechanism as offers are not
made directly so they can be altered by the
Parties if need arises.
Step 3:
Mediator conveys the perspectives and offers
of one Party to the other, rephrases any harsh
words, reframes negative comments into
positive and guides the Parties to develop
multiple options keeping both the Parties'
interests in mind and avoids a stalemate.
Step 4:
When an oral agreement is reached between
the Parties to their satisfaction, the Mediator
puts the same into writing in consultation
with all the stakeholders. Thereafter the same
is signed by the Parties and the Mediator.
The Settlement then becomes legally binding
and enforceable.

Who can go for Mediation?
Any person, company or group seeking to
avoid or end disputes/possible disputes
relating but not limited to:
 Commercial disputes
 Consumer disputes.
 Matrimonial or family conflicts
 Contract works and payments
 Broadcasting & Telecom disputes
 Employment, or workplace disputes
 Cheque return
 Tenancy or property disputes
 Certain criminal disputes etc.


Where, When & How to go for Mediation:
 Where: Delhi High Court Mediation &
Conciliation Centre annexed to the Court
Or to any Individual /Institution of
Mediation, as directed by the Court.

 When & How:


During pendency of litigation
Parties in litigation before a Court or an
Arbitrator can, at any stage, agree to go for
mediation at Delhi High Court Mediation
and Conciliation Centre, (SAMADHAN) 4th
Floor, Administrative Block, Delhi High
Court, Shershah Road, new Delhi – 1100503