Delhi Dispute Resolution Society (Regd.) is the first initiative of its kind in the entire country taken by Department of Law, Justice & Legislative Affairs for introduction of Alternate Dispute Resolution processes especially Mediation and Conciliation to not only matters pending before Courts, Consumer Forums and such other bodies but also in respect of pre-litigation cases. The parties before taking legal recourse to Courts, Police, etc. are encouraged to approach the various Mediation Centres which have been set up in different parts of Delhi for settlement of their disputes amicably.
MEDIATION – A Step towards Self Empowerment and Social Harmony
In the recent past, a large number of disputes are being reported to the police and also are being filed in the courts. As a result of this, not only there is increase in the litigation in the courts, but the relations between the parties are also getting spoiled. Most of these matters could be easily settled without going to the police or the courts. Hence, mediation is the only forum to help the disputant parties to resolve such cases.
What is mediation?
Mediation is a voluntary process in which an impartial and neutral mediator tries to bring together the disputant parties to arrive at a mutually agreeable solution. The parties to the dispute have an opportunity to ventilate their grievances and feelings and thereafter work out the solutions to meet their interests. The mediator neither decides nor imposes any solution on the parties, but creates a favourable environment to enable them to reach an amicable settlement.
What are the benefits of Mediation?
- Allows parties to personally express their views directly, informally, confidentially and without fear of any adverse action.
- Parties themselves work out solution which meets their interests and thus, gives more satisfaction.
- Focuses on the future, rather than the rights and wrongs of the parties.
- Eliminates the risks of litigation.
- Helps to save time, energy, money and relationship.
- Brings harmony by creating Win-Win situation for the disputing parties.
What type of cases can be referred for mediation?
Neighbourhood – Parking, noise, nuisance, destruction / repair / maintenance of property, fencing, pets, interpersonal etc.
Family – Parent / child, parenting (child custody / visitation / support), child welfare etc. adult guardianship, restitution, divorce, domestic violence, maintenance etc.
School – Special education, peer (student -student), minor complaints, corrections.
Commercial – Consumer / merchant, small claims, workplace, bad cheques, accident compensation.
Miscellaneous – Police / citizen, minor criminal, victim / offender, disabilities, cross-cultural, religious / charitable, multi party etc.
Question: What are the documents required for filing a complaint? Or How to file a complaint in the Mediation Centre?
Answer: The Party can write a compliant on a plain white sheet giving brief facts of the Complaint along with a Photo-Id Proof duly signed and providing the address/addresses of the Opposite Party/Parties (The Party against whom the complaint is filed).
Question: Who is a Mediator?
Answer: A Mediator is a trained neutral person who helps the disputing/aggrieved parties to arrive at an amicable solution. Senior lawyers, bureaucrats and judges who have undergone Mediation Training as prescribed by Mediation and Conciliation Project Committee (MCPC) of Supreme Court of India and have got certificate of Trained Mediator work as Mediators.
Question: What is the jurisdiction of Mediation Centre?
Answer: The Mediation Centres have been established in different parts of Delhi. However, people are at liberty to go to any Mediation Centre for the disposal of their compliant.
Question: Who can approach Mediation Centre?
Answer: The Parties residing in Delhi with a valid Photo-Id Proof with a written complaint can approach the Mediation Centre. Either of the Party should be based in Delhi i.e. either the party who is filing the complaint or the party against whom the complaint is made.
Question: What is the cost involved in Mediation Proceedings?
Answer: Mediation is a free of cost initiative for the general public. However, a very nominal amount is being charged from the Financial Institutions like Banks.
Question: What is the difference between Court Proceeding and Mediation proceedings?
Answer: Mediation proceeding is quite different from court proceeding which can be defined as under:
|The parties have an opportunity to express their emotions without any adverse action
|The party does not have that liberty in court.
|It eliminates the risk of litigation
|The aggrieved party is at liberty to approach a higher court if it is not satisfied with the decision of lower court
|The Mediator helps the disputant parties to arrive at an agreeable mutual solution.
|The court passes a decree in favour of either of the parties.
|Creates a win-win solution for both the parties
|Only one Party wins based on the data and facts available on record whereas the other loses
|Fast and speedy disposal of complaints
|Takes lot of time
|It is very cost-effective as it involves no-cost or very low cost
|It is a costly affair
Question: What happens after a settlement/agreement?
Answer: The parties to the case/complaint receives a verified copy of the signed settlement/agreement which is also explained to them in vernacular. If the matter is referred from an agency like Court, Police Station, CAW Cell or any other tribunal, the respective agency is notified that the case/complaint is settled in Mediation, so parties can take steps to end legal proceedings.
Question: How do I know will get a fair result?
Answer: The parties enter into settlement/agreement voluntarily. None of the parties are forced to sign anything and a fair solution is at the disposal of the disputing parties. The parties decide what is fair for them as they are the in-charge of the solution.
Question: Do I need a lawyer?
Answer: The parties are at their own discretion to use the services of a lawyer.
Question: If the case is pending in any court or forum can a Party still approach the Mediation Centre?
Answer: Yes, the cases which are pending in the court or in any forum can be taken up in Mediation. If the case is settled in the Mediation Centre the same can be withdrawn from the respective court or forum and get the decree as per the settlement.
Question: How long does Mediation Proceedings take?
Answer: Every case is different, but the average case usually takes at least 3 to 4 sessions spread over one week to a month.
Where are the Mediation Centres Located ?
- State Consumer Disputes Redressal Commission,
Vikas Bhawan, A-Block, I.T.O.,
New Delhi – 110 002 : Tel:23379074
- M-Block, Vikas Bhawan, 3rd Floor, I.T.O.,
New Delhi -110002
Tel: 23379774, 23379775
- 419, Udyog Sadan, Patparganj Industrial Area,
Delhi. Tel: 22166843 / 44
- Delhi Transport Authority, Rajpur Road,
Delhi -110 054, Tel: 23971019
- Parliament Street, near Police Station,
New Delhi-110 001, Tel : 23368056/57
- Ambedkar Bhawan, Sector-16, 3rd Floor, Rohini,
Delhi – 110 085, Tel : 27571629
- Consumer Dispute Redressal Forum-II
G.N.C.T of Delhi, Udyog Sadan,
C-22 & 23 Qutab Institutional Area ,
Behind Qutab Hotel, N. D.
Tel : 26513307
- District Consumer Forum
Office of Deputy Commissioner
North-East, I-Block, 1st Floor, Nand Nagri Delhi
Tel. : 22599413
- Community Hall, A-Block, Jahangir Puri, Delhi-33.
Tel. : 27634177