Recognised by the Union Ministry of Law and Justice, Govt. of India CAMP is approved as a Qualifying Assessment Program (QAP) for certifying Mediators by IMI (International Mediation Institute) –

CAMP Mediation | What | Why | How
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What | Why | How

Mediation is a process in which a neutral third party, i.e., a Mediator assists the disputing parties to creatively resolve their disputes. The Mediator uses specialised communication skills and negotiation techniques to facilitate disputing parties bridge their differences and find their own mutually acceptable solution to the dispute.

 

Mediation can be initiated at any stage of the conflict – pre litigation, i.e. when differences of opinions arise or even during adjudication.

Informal, Voluntary and Flexible

• Informal process that is not bound by rules of procedure and evidence.
• Can be availed of at any time – before or during adjudication.
• Parties’ choice to participate in the mediation process.
• Parties can chose to terminate the process at any time without assigning any reason.
• Scheduling is designed according to the parties convenience.
• Allows parties and counsel to communicate their views directly, informally, and confidentially without fear of adverse consequences.
• Connected issues and cases can be brought in for discussion and settlement.
• Parties have freedom to choose their own Mediator.

Creative Solutions

• Terms of settlement not restricted to factors such as claims made in Court, positions taken etc., allowing expanded outcomes.
• Customised solutions and procedures and creative settlement options are possible since it is the disputing parties and not a third person such as a Judge or Arbitrator who determines the outcome of the case.

Confidential

• Confidential information revealed to a Mediator during mediation cannot be disclosed unless permitted by the parties. Statements made during mediation or documents produced or prepared for mediation are confidential.
• Private process that is open only to the disputing parties and individuals chosen by the disputing parties.

Self Determination

• Parties determine the terms of settlement and the outcome of mediation.

Win-Win

• Settlement terms are reached only if agreeable to both parties.

Finality

• Once the terms of a mediated settlement are written and signed it becomes a binding contract. If the case is pending in Court, the settlement terms are filed in Court and a decree is passed, which is final and non-appealable. In case of disputes which are at a pre-litigation stage, several options are available to make the mediated settlement binding.
• A mediated settlement tends to have a high rate of compliance as it is a self-determined settlement mutually agreed to by the parties.

Collaborative process that builds relationships

• Mediation is a collaborative process that reduces hostility between parties offering an opportunity to restore and preserve business and personal relationships.
• Avoids damage to important ongoing relationships, which often results from the adversarial process

Economical, Efficient and Less Stressful

• Mediation is conducted in an informal and comfortable setting and parties are central to the process. A few sessions can bring the dispute to a resolution unlike litigation which involves lengthy pleadings, detailed evidence, extensive arguments and several appeals which could extend to many years.
• Separates the people from the problem
• Shifts the focus of the dispute from right and wrong to resolution.

Convening and Opening

Parties agree to mediation and meet the mediator with their legal counsels. If one of the parties is reluctant to try mediation CAMP will assist in trying to get the reluctant party to the table. Once all parties have agreed to come to mediation, the mediator explains the mediation process and determines how mediation will proceed. Issues are then defined and agenda is set.

Communication

Parties narrate their experiences/perspectives & the legal counsels give the legal perspectives. The mediator meets with the individual parties and their legal counsels in private sessions when, to understand the underlying needs, concerns, goals & priorities. Confidential Information may be shared with the mediator in private sessions which will not be shared to other party(ies). Parties and their counsel present their points of view on dispute. The mediator encourages & facilitates dialogue using communication techniques & helps the party clarify their needs, interests & concerns. Once all parties have agreed to come to mediation, the mediator explains the mediation process and determines how mediation will proceed. Issues are then defined and agenda is set.

Understanding the problem and identifying core issues

The mediator assists parties in understanding areas of agreement and disagreement and finding common ground. Mediator assists parties in identifying core issues to the dispute.

Negotiating

Mediator facilitates the parties in exploring and creating several options that may resolve the dispute. Parties with assistance of the Mediator and legal counsels evaluate the options created. The parties engage in the negotiation process which may be distributive or integrative or both.

Closing

Through mediation the mediator helps the parties find a settlement that is mutually acceptable. Once a settlement is reached, a written memorandum is prepared by the legal counsels with the assistance of the mediator. All parties with their Counsel agree on the mechanism tone used for obtaining enforceability of the settlement terms.