FAQs

Mediation can be used to resolve almost all types of civil and commercial disputes, including:

• Breach of contract
• Loan / debt recovery or credit card related
• All types of consumer disputes
• All types family conflicts relating to marriage, guardianship probate, distribution of assets
• Family business related disputes
• Neighbour disputes
• Landlord, tenant, construction and related
• Real Estate disputes
• Joint venture
• Founder disputes
• Workplace, employment & labour disputes
• And even cases of cheating or fraud where monetary compensation is possible and sought for. 

Mediation is a structured process that is customized by the Mediator keeping in mind the needs of the parties. The Mediator designs sessions individually with the parties, their lawyers or in joint sessions. Some of the key steps in the process include – 

• Invitation to Mediate – More often than not, one of the parties approaches CAMP interested in mediation. We brainstorm ways for the Party to invite the other Party into Mediation. If the Inviting Party so desires, CAMP may also reach out to the other party to suggest mediation 
• Mediation Orientation Session to Both Parties – This will involve a brief orientation to both parties and their lawyers (if parties have counsels) to provide more information on the mediation process and get everyone on the same page.
• Agreement to Mediate – The signing of Agreement to Mediate is the formal step to commence Mediation. 
• Pre-Mediation Convening – At this stage the Mediator engages with the parties and lawyers to design a process that will ensure a constructive negotiation. This includes obtaining mediation briefs as well as hosting conference calls to understand who all are required to participate in the mediation, the documentations that must be gathered, the valuations that must be done etc.
• Commencement of Mediation -Perspective Sharing by the parties – Each party shares their understanding of the situation from their own perspective. This helps the parties understand issues better especially where communication has broken down. 

• Issues Identification and exploration of interests – From each party’s perspective issues emerge for deeper understanding and exploration. The legal realities are also understood at this stage.

• Option Generation or Approaches to Problem Solving through Assisted Negotiation –  The Mediator facilitates option generation, prioritization of options and negotiation of the options keeping in mind the real needs and interests of the parties as well the alternative of the legal process..

• Conclusion – Finalized options are recorded in writing in the form of a settlement agreement. Once signed by the parties, the settlement agreement is  binding and enforceable.

Mediation can take place at any of the following stages- 

1. Before filing a court case (pre-litigation mediation)
2. During court proceedings by informing the court that a mediated settlement will be explored or by requesting the judge to refer the matter to mediation.
3. Post a judgement before any appeal process.
4. In case of arbitration proceedings, parties can seek mediation in the midst of arbitration and the arrived settlement can be converted into an Arbitral Award. This is called Arb-Med and widely used in many commercial disputes across borders to speed up resolution.

In general, it is best to try mediation as soon as you can. This reduces the amount of time and money spent on the dispute and opens a dialogue before positions get too fixed.

If you have already started a court claim and wish to mediate, the court can pause your case to enable you to do so. The judge will not be told what is discussed or offered at mediation.

No. Mediation offers you the opportunity to explore speedy, creative options for resolution at much lower costs without damaging your relationships and jeopardising your recourse to court. As the parties are always in control at mediation, you choose what information can be discussed with the other side and whether and how to settle your dispute. Mediation is an empowering process which gives you the power to decide the outcome.

Recent research from the UK shows that Mediation saves business around £5.9 billion a year in wasted management time, legal fees, lost productivity and damaged relationships. It’s clearly a strong option to pursue!

Mediation costs at CAMP depend upon the complexity of the dispute and the hours it takes to arrive at a resolution. You will be explained the costs with full transparency by our case manager when you contact CAMP for mediation.

Typically, both parties to a mediation share the costs equally. However, one party may elect to pay the full costs. 

This depends predominantly on the parties to the dispute. In some cases, both sides may come to an agreement  in just a couple of hours or in complex cases it may take more sessions.

Section 18 of the recent Mediation Act proposes that mediation should be completed within 120 Days from date of first meeting with mediator. The parties can mutually agree to extend the limit by 60 additional days.

At CAMP, the most complex cases have taken an average of about 40 to 60 hours spread over 3 to 4 months to successfully reach a settlement. 

No, a mediator does not provide legal advice nor make a decision on the issues in dispute.  The mediator will help you understand your interest and needs better; the other sides perspectives, interests and needs; the reality that you face (including the alternative of going to court) and consider different options to resolve the dispute. The mediators role is to facilitate a constructive conversation between the parties to bring better understanding and to support a mutually acceptable resolution.

The mediator works with the parties to identify the necessary people who must be present in the mediation to provide the necessary perspectives as well as support the parties in reaching a resolution. Therefore, in addition to parties and lawyers, experts and other participants may be brought into the mediation.

Lawyers play a critical role in Mediation helping both sides to understand the legal opportunities and risks of their case as well as understanding the reality of the court process should this matter not settle in mediation i.e their BATNA.

Additionally, Lawyers in mediation play a role that is collaborative and supportive of a resolution while protecting the interests of their client. They also help in drafting the Mediation Settlement Agreement so that is it sustainable, and if need be, enforceable. CAMP encourages and values the role of lawyers in mediation. 

Section 22 of the Mediation Act, 2023 ensures that any communication, documents, proposals, offers, promises, acceptance, admissions etc, made during the mediation shall not be disclosed outside the mediation.

At CAMP, everyone participating in mediation signs a confidentiality agreement protecting the communications made/ information shared in the mediation.

A mediation is concluded when both parties either reach a settlement or are unable to reach a mutually acceptable solution. It is pertinent to note that most mediations ( at least 70%) reach settlement. When parties reach a settlement, the terms are converted into a  ‘settlement agreement’.

Yes, mediation is enforceable. According to Section 27 of the Mediation Act, 2023, a mediated settlement agreement signed by parties and authenticated by Mediator is enforceable as a decree or judgment of a Court.

You might have made good progress but not be quite at the position of settlement yet. It can often be helpful to take a break to think things through and then resume mediation.  Many parties report a settlement in the weeks/months following an unsuccessful mediation. There is anecdotal evidence from parties and lawyers, that even if a mediation does not reach a settlement, the process brings clarity to issues and therefore supports a mindful and strong engagement at trial.