Mediation and conciliation centre

Reference to Mediation per se cannot be viewed as a bad idea, if either the victim or the accused does not find it ok, it is open to him/her to seek the matter be remitted back to the regular legal process. Given the present legal system which does not offer great control/participation of the victim in regular trial, mediation is an option worth exploring.

    In my point of view, when an anticipatory bail petition for  major offences(498A,376,420)filed before a highcourt and on hearing, some of them are  being referred to the mediation centre for an amicable settlement,if  that reference too accepted by the defacto complainant and prosecution, then the Court which refers the case should presume to some extent that the allegations  levelled by the prosecution is fabricated since the prosecution along with the defacto complainant  itself intending to settle the issues among the parties amicably, so under this circumstances  when  a mediation fails and the matter is  remitted back to the  high court for disposal, the court should consider in the above prospective and should grant anticipatory bail to the accused instead of dismissal or compelling for a withdrawal...

"Mediation is a process aiming at creating and repairing social ties and managing conflict between people, whereby an independent and impartial third party organizes exchanges between the conflicting parties to improve relationships and solve conflicts." In my personal opinion mediation can be used in non-cognizable and compoundable offences where gravity of crime is less. Cases u/s 376 and 498A, are of serious crimes, they cannot be judged by mediator or third party, it can only be decided in Criminal Courts.