What is Mediation?
Nowadays family and commercial disputes are increasing tremendously and the courts are overburdened with family and commercial disputes. Much time of courts is exhausted in adjudicating and resolving family and commercial disputes and several important matters are left untouched by the Court. Thus, the legislature has devised an alternative dispute Redressal mechanism with the consent of the parties. Mediation is one of the most important methods of resolving a dispute by alternative means.
About Mediation Centre at Hon’ble Allahabad High Court –
The Hon’ble Allahabad High Court has a very big Mediation Centre in which experts are nominated by the Hon’ble Allahabad High Court for resolving the family and commercial disputes. Mostly, experienced advocates are nominated as mediators.
What kind of matters can be referred for mediation at Hon’ble Allahabad High Court?
Mostly small commercial matters and family disputes like a dispute between husband and wife, a dispute between brothers, dispute of property in family, disputes arising out of Negotiable Instruments Act and Contract Act are mostly referred by the Hon’ble Allahabad High Court to its Mediation Centre.
What is the process and procedure of Mediation Centre?
When any dispute is raised before Hon’ble Allahabad High Court by means of petition and the Hon’ble Allahabad High Court comes to the conclusion that the dispute can very well be resolved amicably between the parties by the Mediation Centre, the Hon’ble Allahabad High Court with the consent of the parties refer the matter to the Mediation Centre.
How long does it take to get a matter decided through Mediation Centre?
When any matter is referred to the Mediation Centre by the Hon’ble Allahabad High Court, the notice is issued by the Mediation Centre to the parties at issue and the parties appear before the Mediation Centre on the date fixed by the Mediation Centre and two expert mediators are nominated who in a very polite, submissive and docile language discuss the issue with the parties. The mediators also persuade the parties to resolve the differences by informing them the pros and cons of the matter, if not resolved through mediation. The mediator also informed the parties about the lengthy and exhaustive procedure of the Court. Normally one to three months is consumed in resolving the matter through the process of Mediation Centre of the Hon’ble Allahabad High Court.
What are the benefits of getting matters resolved through Mediation Centre, Hon’ble Allahabad High Court?
Normally, when a matter is resolved through Mediation Centre of Hon’ble Allahabad High Court, both the parties to the lis feel happy as both the parties are satisfied by the settlement arrived at and no party is a loser. Even otherwise also in case for any reason, the mediation between the parties is not successful then the matter is referred to the Hon’ble Allahabad High Court without any adverse impact on the merit of the case and the Hon’ble Allahabad High Court decides the matter on merit, however, in a majority of the cases, the Mediation Centre becomes successful as most of the cases are resolved amicably by the Mediation Centre.