Can courts overrule the outcome of Mediation Proceedings

The ADR Alternative Dispute Resolution techniques are said to be the latest pattern of dispute resolution in India, but the mediation procedure is one of the oldest technique in India, the courts now a days court feels less burdened, the mediation made the problem to be solved in smooth and effective way.

Mediation is one of the easiest, cost effective and smooth ways to settle the dispute, it is a process where the parties with their mutual consent find the way to settle the dispute by entering into the agreement and appoints mediator for dispute resolution, 

In the Mediation proceedings all the cases of the civil nature such as recovery suit, injunction suit, any land-lord tenant issue, matrimonial issues, any property related disputes, dishonour of cheques and so on are being referred  for the mediation to get speedy resolution and cost effective means to settle the disputes.

With a few exceptions, the court may refer for mediation without the parties’ consent if it determines that doing so is in the interests of justice. The court typically refers pending disputes for the process of mediation, but both parties’ consent is only required in those cases. The Mediation procedure is governed by the Mediation and Conciliation Rules.

In India Mediation process is divided into two types and these types are

• The mediation that is referred by the court:- the court refers to some case for the process of mediation under the section 89 of the Code of Civil Procedure, and the court often used to send cases like matrimonial disputes, divorce for the process of mediation.
•  Mediation process for the private individual:- In this process of mediation the person or parties to dispute appoint a qualified person as the mediator for the fixed amount of the  expense, any person , individual , government sector, corporates can appoint mediators to solve the dispute through the mediation process.

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Mediation process in India

The parties in India now a days willfully settle their dispute by the process of mediation and the consent of both the parties are merely important to get their issue resolved, for this process of the mediation the person appoints the third party to settle the dispute called as mediator, this mediator helps the client to reach at the conclusion of the dispute and if the dispute resolution is not up to the mark either of the party can withdraw themselves for the mediation process at any stage.

Mediation as an alternative dispute resolution process has been successfully used in marital disputes and corporate matters and is not only efficient and economically effective but also expeditious in keeping the entire dispute process private. The mediation process in India helps disputing parties to resolve their issues amicably and reduces the burden of courts in pending litigation, and is adaptable as it works in both directions. 

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