Acts as facilitator, evaluator and intervener. Result Agreement between parties Settlement agreement Agreement It is enforceable by law. It is executable as decree of civil court.
Mediation is a form of alternate dispute resolution, wherein parties mutually appoint an independent and impartial third party, called as the mediator who helps the parties in reaching an agreement which is mutually accepted by the parties concerned.
Mediation is a systematic and interactive process, which employs negotiation techniques to assist the parties in finding the best possible solution to their problem. As a facilitator, mediator attempts to facilitate discussion and build an agreement between the parties with an aim to settle the dispute.
The decision made by the mediator is not binding like an arbitral award. Conciliation can be described as the method adopted by the parties for resolving the dispute, wherein the parties out of their free consent appoint an unbiased and disinterested third party, who attempts to persuade them to arrive at an agreement, by way of mutual discussion and dialogue. Conciliation is characterised by the voluntary will of the parties who want to conciliate the dispute.
Its basic component is confidentiality in which the parties and the conciliator are not permitted to share or disclose to the external party, anything associated with the proceedings. In the voluntary process, both parties contribute their decisions one by one. Property disputes and other disputes can lead to serious violence issues; therefore, the judicial system has made dispute-solving methods with the help of which people can be advised or suggested, and easy conclusions can be made without violence.
Mediation and Conciliation come into this category in which a conciliator or mediator helps people to reach a conclusion or solution to their problems. The Mediation method can be recommended or can be hired personally depending on the level of dispute. While Conciliation method is generally recommended by judicial bodies for solving matters. In Mediation, usually, both the parties and the mediator conclude the solution together.
Whereas in the Conciliation method, the conciliator proposes a suggestion that can be chosen by the parties. Skip to content People face many disputes, and settlement is not that easy. This method is used to settle the disputes between two parties and reach a conclusion that is beneficial for both parties.
Mediation is the process by which two parties for our purposes, separated spouses come together to try and come to an amicable plan of how to finalise their relationship.
This could include where children will live, who will pay for what, what access to the children will each person have and how property is to be divided. The process is usually quite informal and relaxed, but you are permitted to bring a lawyer with you to mediation, or take legal advice from a family lawyer before and after mediation.
It is always up to each person to determine the outcome of the mediation. However, judicial mediation is entrusted to a mediator, an external party to the jurisdiction. As provided in Article of the CPC, the judge may appoint the mediator if the parties agree. The conciliation is free for the parties.
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