Settlement negotiations facilitated by third-party mediation will often produce results where arbitration or litigation are unsuitable. Where appropriate, the use of mediation can bring success faster and less expensively than through arbitration or litigation. Mediation offers the added benefits of allowing the parties to preserve vital business relationships and maintain confidentiality over sensitive information along with retaining the right to decide for themselves whether to settles a dispute and the terms of settlement of the dispute.
We know that mediation is no longer just an alternative to litigation – it’s a key part of the process. Most jurisdictions in India require lawyers to consider and, if appropriate, recommend mediation in order to protect clients' interests. Government regulatory agencies and tribunals have increasingly adopted mediation as part of their legal and administrative processes. In addition, many global industry and commercial groups, from insurance to financial services to oil and gas to infrastructure, are using mediation to resolve impasses.
Kashyap & Kashyap’s dispute resolution lawyers are trained and experienced in the advocacy skills you need for a successful mediation. Let our expertise help you realize the benefits of a mediated solution, so you can get back to business.
A Specific Process
It is important to note that mediation, like any form of alternative dispute resolution, is not one-size-fits-all. Mediation is a specific process that serves specific needs. Applying mediation to solve an arbitration problem, or vice versa, can result in serious legal difficulties.
Mediation may be particularly useful when parties have a relationship they want to preserve. So when family members, neighbours, or business partners have a dispute, mediation may be the ADR process to use. Mediation is also effective when emotions are getting in the way of resolution. An effective mediator can hear the parties out and help them communicate with each other in an effective and non-destructive manner.
However, mediation may not be effective if any of the parties is unwilling to cooperate or compromise. Mediation also may not be effective if one of the parties has a significant advantage in power over the other. Therefore, it may not be a good choice if the parties have a history of abuse or victimization. The courts in India under the Civil Procedure- Mediation Rules, 2003 often refer matrimonial disputes for mediation, but only in cases where there is not history of violence or abuse.
We Can Help!
At Kashyap and Kashyap, we navigate our client smoothly through the Mediation process; from appointing a mediator, to setting an agenda, enabling the negotiations and ending with a result in favour of the client.
Our offices use only the most selected and qualified lawyers available, trained and licensed in both the US and India. We provide these legal services through our New Delhi and Gurgaon offices, online, as well as in-person, onsite visits for larger international corporations.