Dispute settlement through Meditation
Written By – Nalini tamang
Mediation is a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement . It may be an informal meeting among the parties or a scheduled settlement conference. The dispute may either be pending in a court or potentially a dispute which may be filed in court. Cases suitable for mediation are disputes in commercial transactions, personal injury, construction, workers compensation, labor or community relations, divorce, domestic relations, employment or any other matters which do not involve complex procedural or evidentiary issues.
The mediator is a person with patience, persistence and common sense. She/he has an arsenal of negotiation techniques, human dynamics skills and powers of effective listening, articulation and restatement. The mediator is a facilitator who has no power to render a resolution to the conflict. Around thousands of cases of domestic violence comes up each day and is drastically increasing in the recent years . Rape cases have suddenly increases . These are the result of unemployment, illiteracy , poverty , moral behaviors etc .
Certain laws have been made by law to protect the rights of women and children so that they are safe. .Cases of domestic violence are raised each day so to decrease the burden of the police mediation comes into process . When a party comes with an issue related to domestic violence into the police station , the only thing the police can do is to lodge an Fir . So to give speedy justice mediators help these victims by talking to them and making them understand what is right or wrong .
- and B are a married couple and B being the wife is subjected to domestic violence .
B’s statement :
- is a housewife who says she’s daily tortured and scolded for very minute reasons . The tensions of his husband’s work is all dumped into the house on her . She has become frustrated and says that she is also unable to nourish her child properly . The child’s studies are also affected by the daily fights and arguments and it has become a daily disaster to cope with these matters . Abe wants all this to stop and wants to live a normal life and happily together .
Here the arguments are mostly because of the tensions from work which is then dumped and escalated in the house .
- . The husband will be asked about the job satisfaction. If he is satisfied or not by his daily routines at the office .
- . Any problems which he is facing at the office that he is not sharing at home .
- . The main reason that leads to the rise of this argument is to be found .
- . If there is any problem on behalf of the wife .
- . Main outcome of the arguments have to be found . After the roots of the arguments hm have been found a settlement agreement has to be signed on those basis .
So a settlement agreement needs to be signed by the parties on certain factors so that the issues or problems do not occur again .
- . A needs to sign the agreement so that the issues do not occur again .
- . If the actions are repeated the husband will have to pay a certain amount as a compensation to the wife .
- . The studies of the child should not be hampered .
- . If there is a problem with the job then the job must be left .
Unlike a judge or an arbitrator, the mediator won’t decide the outcome of the case. The mediator’s job is to help the disputants resolve the problem through a process that encourages each side to:
identify the strengths and weaknesses of their case
understand that accepting less than expected is the hallmark of a fair settlement, and
agree on a satisfactory solution.
When litigation has commenced its common for courts to formulate an informal procedure between the parties so that the disputes may resolve .
Cases for mediation
personal injury matter
small business dispute
family law issue
real estate dispute, and
breach of contract
Step 1: Mediator’s opening statement. After the disputants are seated together , the mediator introduces everyone, explains the goals and rules of the mediation, and encourages each one support and co operate Step 2: Disputants’ opening statements. Each party is invited to describe the dispute and its consequences, financial and condition The mediator might entertain general ideas about resolution, as well. While one person is speaking, the other is not allowed to interrupt.
Step 3: Joint discussion. The mediator might encourage the parties to respond directly to the opening statements, depending on the participants’ in an attempt to further define the issues.
Step 4: Private conversations The private caucus is a chance for each party to meet privately with the mediator. Each side will be placed in a separate room. The mediator will go between the two rooms to discuss the strengths and weaknesses of each position and to exchange offers. The mediator continues the exchange as needed during the time allowed. These private meetings comprise the guts of mediation.
Step 5: Joint negotiation. After caucuses, the mediator might bring the parties back together to negotiate directly, but this is unusual. The mediator usually doesn’t bring the parties back together until a settlement is reached or the time allotted for the mediation ends.
St 6: Closure. If the parties reach an agreement, the mediator will likely put its main provisions in writing and ask each side to sign the written summary of the agreement. If the parties didn’t reach an agreement, the mediator will help the parties determine whether it would be fruitful to meet again later or continue negotiations by phone.
The mediation process if successful then certain guidelines and rules will be provided to them so that they cope up together with themselves and do not create problems again .
The matter is here mainly of a drunkard situation of the husband so the matter is to looked into closely . Suggestion to the husband :
: Leave the habit of the drinking
: Wife should be given proper maintenance and respect in the house .
: Husband’s friend circle should be minimum so that he does not get involved in drinking again .
: Flow of money by the husband should be discussed by the wife so that he could be monitored about his behavior.
If the situation eases after these resolution techniques then it’s better but if not then the wife should be transferred to her father’s house along with her child until the behavior of her husband is reduced or over .
These are the steps for the dispute settlement through the means of meditation.