CAMP Mediation | FAQ’s
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FAQ’s

FREQUENTLY ASKED QUESTIONS

What is the profile of a Mediator at CAMP?

A Mediator at CAMP is a trained and skilled neutral third party who is a qualified and experienced legal professional.

What does a Mediator do?

A Mediator facilitates communications between parties and helps them reach their own conclusive settlement to the dispute.

  • Encourages exchange of information
  • Facilitates obtaining new information
  • Helps parties understand each others views
  • Lets them know that their concerns are understood
  • Promotes a productive level of emotional expression
  • Deals with differences in perceptions and interests between negotiators and constituents (including lawyer and client)
  • Helps negotiators realistically assess alternatives to settlement
  • Encourages flexibility
  • Shifts the focus from the past to the future
  • Stimulates the parties to suggest creative settlements
  • Learns (often in separate sessions with each party) about those interests the parties are reluctant to disclose to each other
  • Enables the parties to find solutions that meet the fundamental interests of all parties

(Adapted from Frank Sanders, Stephen B. Goldberg, Nancy H. Rogers and Sarah Cole, in their book, ‘Dispute Resolution: Negotiation, Mediation and Other Process’.)

What is the biggest advantage of mediation?

The biggest advantage of mediation is that the parties themselves find their mutually acceptable solution to resolve their dispute. Solutions are therefore customised and creative. Mediation is a process that is quicker, cheaper and less stressful than adjudication.

How long will mediation take?

The length of a mediation depends on:

  • the complexity and number of issues the parties need to settle;
  • the degree of the parties’ cooperation and readiness to participate in the mediation sessions.

If issues are not complicated and the process goes smoothly, it may only take one mediation session lasting for a day or may be even less. Most mediations can be settled within a few sessions. However it is not possible to predict how long the mediation can take.

Does the Mediator decide a case?

No. The Mediator is neutral and does not act as a Judge. The Mediator does not give an award or an order. The Mediator facilitates the parties to find a mutually acceptable solution using communication and negotiation techniques. The parties are the ones who decide the outcome of any dispute in mediation and they retain full control of all decisions that affect their interests.

What if I don't like the way the mediation unfolds?

Mediation is a completely voluntary process. Either party can chose at any time to discontinue the mediation and proceed with another form of dispute resolution.

What is the difference between mediation and arbitration?

Arbitration is a private court. The Arbitrator conducts the hearing between the parties and then, like a Judge, renders a legally binding decision. Though confidential and private, arbitration resembles a Court proceeding. Each side calls witnesses, presents evidence, and makes arguments. In mediation, a Mediator does not render a decision. The parties with the help of the Mediator work towards their own mutually acceptable agreement. Parties may also bring experts or well wishers if they so desire, who may assist the parties to explain perspectives, bring clarity and create suitable options for settlement.

What is the difference between mediation and conciliation?

In India, the terms mediation and conciliation are often used synonymously. The difference lies in the way the process is used to reach the settlement terms. In conciliation, the settlement terms are proposed by the conciliator who then works with the parties to reach an agreement. In mediation, the Mediator does not propose the settlement terms. The parties find their own settlement terms with the help of the Mediator.

Why should I bother with mediation if I know I am right and the other party is wrong?

Even if you are right, mediation still has value. In determining right and wrong, one party is left the loser resulting in continuing acrimony and further litigation. If the third party who decides the case is a Judge or an Arbitrator, he/she may not be able to mould the relief in a way most suitable to the parties. When parties craft their own settlement, they can create value and forge relationships.

I am a lawyer for one of the parties - how does mediation affect me?

Mediation is a great tool for you to enhance and add another dimension to your practice.

  • Through mediation you become a part of the solution and not an instrument of determination of right/wrong;
  • Parties rely on you for the legal perspective, guidance, encouragement and creative solutions which are possible in the mediation process;
  • Through mediation, parties see you as an agent for easy and quick relief which could have a very positive impact on your future practice;
  • Mediation could pay you well for your participation. Lawyers are paid well by clients for their participation in a mediation.
  • Disputes are settled speedily through mediation allowing you to quickly close cases and make time to take on more cases.
What happens when no settlement is reached?

If no settlement is reached, other options for dispute resolution, including litigation and arbitration may be pursued.

How is the mediation agreement enforced in a private mediation?

When the parties reach a settlement in mediation, the terms of the settlement are written and signed by both parties. It then becomes a binding contract. If the case is pending in Court, the settlement terms are filed in Court for approval and a decree is passed, which is final and non-appealable. In case of pre-litigation mediation, several options are available to obtain enforceability and the parties with their lawyers may choose the most suitable option.

Can lawyers participate in mediation?

Yes. It is always advisable to have each parties’ lawyer participate in the mediation proceedings.

I am willing to submit the dispute to mediation, but how do I convince the other side to agree?

If you are interested in mediation CAMP will advise you on how to make contact with the opposite party. CAMP will also assist in trying to get parties to the negotiating table.

Is mediation confidential?

Mediation is a strictly confidential process. A confidentiality agreement is signed by the parties before mediation commences. Any confidential information shared with a Mediator cannot be disclosed by the Mediator to the other party unless the Mediator has been given explicit permission by the information giving party.

No information shared or document produced during a mediation session, including an offer or concession made, can be used against a party if the dispute goes to Court unless the information/document is discoverable or the other side already has access to such information.

The Mediator cannot be summoned to testify in Court.