Is it compulsory to refer to the Mediation Centre?
Is referring the case to Mediation compulsory?
- Sector-1, Noida
No, it is not compulsory. Unless both the party sign in front of the judge that they agree to mediation one cannot be forced.Mediation is a negotiation process in which a neutral third party assists the disputing parties in resolving their disputes. A Mediator uses special negotiation and communication techniques to help the parties to come to a settlement.The parties can appoint a Mediator with their mutual consent or a mediator can be appointed by the Court in a pending litigation. Mediation always leaves the decision making power with the parties.A Mediator does not decide what is fair or right, does not apportion blame, nor renders any opinion on the merits or chances of success if the case is litigated. Rather, a mediator acts as a catalyst to bring the two disputing parties together by defining issues and limiting obstacles to communication and settlement.
Answered on 28 Sep 2018
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