Alternative Dispute Resolution Mediation Presented by: Mohammad Yaqub

Mediation Mediation is a process of negotiations facilitated by a third person(s) who assists disputants to pursue a mutually agreeable settlement of their conflict. European Definition “Structured process, however named or referred to, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator.”

Advantages of Mediation The agreement which is that of the parties themselves; The dispute is quickly resolved without great stress and expenditure; The relationship between the parties are preserved; and The confidentiality is maintained.

History of Mediation Some cultures regarded the mediator as a sacred figure, worthy of particular respect; and the role partly overlapped with that of traditional wise men or tribal chief. Members of peaceful communities frequently brought disputes before local leaders or wise men to resolve local conflicts. This peaceful method of resolving conflicts was particularly prevalent in communities of Confucians and Buddhists.

Chinese Mediation Role of Confucian Philosophy in Chinese Mediation Confucianism dominated Chinese philosophy for millennia, is thought to be the source of Chinese mediation. In fact, mediation was the principal mode of resolving disagreements in ancient China.

Mediation in Modern China Community Mediation Court Mediation.

Types of Mediation Statutory(compulsory like Australia) Court ordered Contractual Voluntarys

Mediation Laws UNIFORM MEDIATION ACT, 2003(USA) HONG CONG MEDIATION ORDINANCE, 201 Mediation Act, 2012 (INDIA)

Principles of Mediation Informal, Flexible, Low cost, Result oriented, and time saving Role of Lawyers in Mediation By Dwight Golann Mediator owed duties to the Court and the Administration of Justice. Duties of Fairness and Courtesy. Lawyers’ professional bodies have issued non-binding standards and guidelines of conduct for lawyers.

Approaches in Mediation Directive Approach In directive mediation, the mediator makes non-binding recommendations. Facilitative Approach In a facilitative mediation, the mediator encourages the parties to find their own solution to the issue

Transformative Mediation Transformative mediation, is primarily concerned with empowerment and recognition of the parties to improve their conflict resolution skills for the future.