What is Mediation And Its Role ?

Written by: Ms. Saniya Jaisinghani

Mediation is an increasingly important part of legal practice with the institution of alternative dispute resolution in our legal systems. Lawyers need to adjust their practice to serve their clients according to changing environment. However, Alternate Dispute Resolution includes no of processes; Arbitration, Negotiation, Conciliation, Mediation.

The lawyers approached mediation to achieve resolution to a dispute. Lawyers influences the process and success of mediation. Lawyers participation in ADR and mediation is increasing part of legal practice. Infact Government at all levels aim tonshift legal culture from one of the alternative dispute resolution to conciliation utilising the full benefits of ADR process. Lawyers have to advice and assist the clients with the filing of genuine steps and failure to do so may cause lawyers personally to cost orders. As we know that there are a no of ethical requirements in the legal conduct rules that affect lawyer’s conduct in mediation. It must be done with honesty, courtesy, competence, loyalty and confidence. Lawyers should conduct themselves in mediation rather misleading them. They must consider that how best they represent a client in the process and continuing professional education may assist them to do so.

Lawyers must consider whether their presence at mediation is necessary to safeguard the interest of client. Timing is an important factor in establishing a framework to settlement and the mindset of the parties. Lawyers are encouraged to participate in the widest problem solving tasks of facilitating mediation. The main objective of mediation is to protect the legal rights and entitlement of the parties, to reduce the chance of ‘settling for les