Taking A Look At Mediation

Mediation is a great first approach to stalled negotiations, business, family, governmental and academic disputes.  Litigation (Court) is typically thought to be more expensive in terms of time, money, and stress. Many view litigation as the most costly (stress, money, time) approach to dispute resolution. On 12 February 2021, Sriram Panchu, Senior Advocate, Mediator, and Arbitrator of the India High Court, revealed that the concept of pre-institution mediation, requiring disputing parties to attempt mediation before they file for litigation is being worked into India’s next statute on mediation. It is worth noting the India 1996 Arbitration and Conciliation Act clearly states the engagement rules for private mediation and court-annexed (ordered) mediation.  The United States lacks one clear national legal code outlining mediation. It has been signed but is yet to be ratified by the Senate.  States are like islands in that they each have their own Mediation statutes. On 13 February 2021, in his Evolution of a Mediator series, part 1, hosted by Vickram Singh, Panchu related that parties select their own private mediators. If they are unable to do so then the court will assign mediators. The intent is to require parties to try mediation before they can enter the courts.  The US does not have this requirement. Yet. So what? Americans are free to enter into private mediation. The legal system thought leaders strongly recommend that people solve their conflicts out of the court whenever possible.