Any person/Advocate who has completed 15 years of practice in law and who undergone the required 40 Hours Training as stipulated by the Mediation and Conciliation Project Committee (MCPC) of the Supreme Court can be a Mediator. He also needs to have atleast 10 actual mediation before he can accepted as a qualified Mediator.
On the expiry of Sixty days from the date fixed for the first appearance of the parties before the mediator, the mediation shall stand terminated , unless the court , which referred the matter sou-motu, or open the request by the mediator or any of the parties and upon hearing all the parties, is of the view that extension of time is necessary or may be useful; but such extension shall not be beyond further period of Thirty days.
  • Neighbourhood
  • Parking, noise, nuisance, destruction / repair / maintenance of property, fencing, interpersonal etc.,
  • Family
  • Parent / child, parenting (child custody, visitation, support), child welfare, etc., adult guardianship, restitution, divorce, domestic violence, maintenance etc.,
    Bangalore Mediaiton Centre (BMC) established in the year 2007. It has 118 trained mediators. The centre is situated in Nyayadegula Building, Siddhaiah Road, Bengaluru. Karnataka State Legal Services Authority has established ADR centres in 17 districts, in remaining 2 districts centres are under construction. In remaining 11 districts construction has to be taken up. Any or both the parties to a dispute, where a matter is pending before the court, are at liberty to approach either BMC or any of the ADR centres for resolution of their disputes.
    The parties after referring the matter from the court can approach the Mediation Centre.
    The parties enter into settlement / agreement voluntarily. None of the parties are forced to sign anything and a fair solution is at the disposal of the disputing parties. The parties decide what is fair for them as they are the in-charge of the solution.
    Mediaiton proceeding is quite different from court proceeding which can be defined as under.
    The parties have an opportunity to express their emotions without any adverse action. The party does not have that liberty in court
    It eliminates the risk of litigation. The aggrieved party is at liberty to approach the higher court if it is not satisfied with the decision of lower court.
    The Mediator helps the disputant parties to arrive at an agreeable mutual solution. The court passes a decree in favour of either of the parties.
    Creates a WIN-WIN solution for both the parties. Only one Party wins based on the data and facts available on record whereas the other loses.
    Fact and speedy disposal of complaints Takes lot of time
    It is very cost effective as it invovles no cost. It is a costly affair.
    The parties to the case / complaint receives a verified copy of the signed settlement / agreement which is also explained to them. If the matter is referred from the court, the agreeement is to be submitted to the concerned court, after receiving the signed agreement / settlement, the court verifies the same and enquired the parties , if both the parties agree for the same, the court shall accept the agreement / settlement. So parties can take to end the legal proceedings.
    The parties are at their own discretion to use the services of a lawyer.
    The role of the attorney in mediation differs greatly from that of the attorney in litigation. In a Mediation Session, the Attorney place the role of Counselor for his or her client. Rather than presenting an argument, the Attorney is asked to allow the client to speak for him/herself, and to be present to support an advise the client throughout the process.
    Keep in mind that both sides must be able to communicate with each other. The Mediation process is geared toward reaching a workable agreement for both parties. The Attorney should encourage his/her client to enter the mediation to try to work with rather than against the opposing side.
    The Mediators function as neutral facilitators, and they will not make decisions for the clients or give legal advice or lead either party in anyone direction. The Mediators help each client to communicate with one another, so that they can hear other's concerns. The Mediators aid the clients in identifying common issues, and in developing possible solutions to these issues. The Mediators then help the clients to work through the solutions, finding those that are practical for both parties. Finally, the Mediator assists the parties in drafting the mediated agreement, which will become a binding contract (or, if signed by a Judge, an enforceable order) between the parties.
    Mediation is always an option whether you are thinking about taking your dispute to Court or you are already in Court. The very best time to mediate the dispute is well before Court.
    Look to Mediation:
    If the dispute has been ongoing;
    If you want to preserve a relationship being affected by the conflict;
    If you are concerned about the client's effect on your children and would like to model appropriate behaviour for your children;
    If you would like to speak to the other party so they may hear your concerns, and if you would like to be heard inturn;
    If the dispute is upsetting and affecting your daily life, if you cannot afford the time and cost involved with litigation; and
    If you would like to resolve the dispute yourselves informally, privately, speedily and without an unnecessary legal judgment.
    The short answer, applicable to all kinds of mediation, is no Mediators cannot ethically wear two hats in mediation, even if their other hat is being an attorney. Giving advice would take away their most powerful skill: being a neutral helper who both parties trust to guide them through the process of making their own agreements.
    If someone needs legal advice, CMC will assist by referring them to an attorney who may be able to do what is called "limited scope" or "unbundled service", only charging for certain agreed-upon tasks related to the mediation: advice about the issues to be discussed in mediation, attending mediation, drafting any agreements which come from mediation, filing any paperwork in court (for instance, in agreed divorces or family matters). Mediators will help parties understand what "homework" must be done so that the parties can make their own agreements, and even suspend the mediation while parties do their homework!
    At any stage of the dispute and for any number of times, matter can be referred for Mediation.
    No. The Mediator is a facilitator to the disputing parties to resolve their dispute.
    If the parties agreed for the conditions of settlement and same is reduced into a writing, after their signatures and same is accepted by the Court, then the agreement/settlement is binding on the parties concerned.