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Nitin (Professional)     02 March 2010

Mediation in Money suit

I filed a money suit for recovery of Rs. 93,000/-. The case has been forwarded for mediation. The mediator is suggesting that, we accept Rs. 40,000/- otherwise, i have to go thru lengthy legal process. Is it how mediation works ? Just pressurise the petitioner, who actually is the aggreived party, to accept less than 50% amount ? ,instead of helping the petitioner to get maximum amount ?

Nitin



 3 Replies

narendra_vakhil (Advocate)     03 March 2010

Hello Nitin

"Mediation is one of the Alternative Dispute Resolution Methods contemplated under Section 89 of the Code of Civil Procedure enacted by the Parliament. Mediation is a process in which a neutral third party assists the disputing parties to creatively resolve their disputes without going to trial. Mediation presents a unique opportunity for dispute resolution with the involvement and participation of all the parties and their advocates. A neutral third party called "mediator" uses special negotiation skills and communication techniques to help litigants bridge their differences and find a solution to their dispute. Mediation always leaves the decision making power with the parties. A Mediator does not decide what is fair or right or apportion blame. Rather, a mediator acts as a catalyst to bring the two disputing parties together by defining issues and eliminating obstacles for communication and settlement."

You have all the right to reject suggestions given by the mediator if you feel it biased, if the mediation fails, mediator will refer back that case to court. And you need to fight out the case.

1 Like

Nitin (Professional)     04 March 2010

Thank You so much.

 

Nitin Shah

Gundlapallis (Advocate)     08 March 2010

Mr. Narendra !  its a good presentation, nice to read your suggestion. Keep it up!


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