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Frequently Asked Questions
1. Can Mediation resolve all Disputes ?
Yes, generally all disputes can be Mediated , however where the dispute involves criminal matter / or anything explicitly requiring a matter of law to be adjudged by the courts , the same cannot be Mediated .This however can only be determined in a pre- mediation session.
In Peer Mediation , Disciplinary issues and Ongoing Bullying have to be addressed by the Staff.
2. How much time will Mediation take?
Mediation is a totally Party Centric and Party focused process , there have been times that the issues have been resolved in a few hours!
3. Do I have to go to court for mediation?
No Mediation is a totally out of court procedure with freedom to parties ,to even choose the place of Mediation.
4. Will the Dispute so resolved have any legal implications?
Yes the Dispute Resolution through Mediation is legally valid and a full and final settlement of the issue , and can be enforced through the court, if either party defaults.
5. What if in spite of all the efforts the Dispute doesn’t get resolved ?
In such a case the parties have the option to go for Litigation.
6. In Mediation I would have spoken about many things which I would not like to say in courts ,what if Mediation fails and I have to go to court ?
Mediation is a totally confidential procedure , for both the parties and for the Mediator. Nothing discussed in the mediation room goes out and nothing said in Mediation is admissible in the courts.
7. What if I wish to divulge some information for Mediation and do not want the other Party to benefit from that against me,in the Mediation process itself ?
Parties have the option of taking private sessions with mediators for such information which is important for resolution, however they , do not wish to be shared with the other party , this is where the Mediator helps in getting the parties to communicate better in resolving issues.
8. Will the Mediator suggest solutions in such cases ?
No Mediation does not authorise the Mediator to suggest solutions, (Conciliatory proceedings however do), the mediator asks questions and helps the parties to find solutions through communication.