User:Virendra Kumar Tyagi

By Anubhav Tyagi (Legal Advisor) Proposal for conducting Mediation before Delhi Govt. Mediation and Conciliation Centers and scrapping Conciliation Camps at Advocate Chambers in Delhi(NCR)

MEDIATION BEFORE DELHI DISPUTES RESOLUTION SOCIETY (REGD.)

Although there are various ways to proceed against the erring customers but we must first try to resolve the matter without the formal intervention of the court i.e. through Alternate Dispute Resolution. In this way we can try preventing an issue to become a dispute and can also avoid huge litigation costs.

Mediation is the best Alternate Dispute Resolution technique which can be taken up in both the stages i.e. post-litigation and pre-litigation. Here we are proposing to take mediation as a pre-litigation technique, as the same has been mandated and supported by Hon. Delhi High Court and the Delhi Government. Opting this technique can help us in expeditious execution of awards and fast disposal of 138 complaints as courts generally enquire as to whether recourse to mediation has been opted for or not and if the answer comes in negative then they refers the matter for mediation before opting any harsh measures.

Procedure for the request of initiation of Mediation- We have to serve an application in a specific format (format is there with the legal team) to the secretary of the mediation center along with the documents and prescribed fee provided below. Notices are to be prepared by TMF legal team and then have to be forwarded to the mediation society for sign and seal of the additional director (Mediation).

FEE STRUCTURE AND FEE SLAB-

While applying for mediation before these centers we have to pay certain fees at the two levels or steps which are as follows-

Level one is about Registration and Processing Fees: 100 Rupees per matter. This level one fees is to be paid only in a case if party turns up before the centre. If party does not appear or does not shows interest then in that case the

Settlement Fees (per settled Case):

Claim amount up to Rs.50,000/-                                                : Rs.500/- Claim amount above Rs.50,000/ up to Rs.5 Lakh/-                 : Rs.1000/- Claim amount above Rs.5 Lakh/-                                              : Rs.1500/-

This fee structure stated above is cost effective as compared to conducting Conciliation in lawyer’s chamber.

Replace Conciliation by Mediation as there are strong arguments and Facts in the favour of Mediation:

1.	It creates more pressure on the customer as the mediation centers are established by Delhi Govt. whereas conciliation camps are organized by lawyers in their chambers privately, 2.	Mediation centers have better infrastructure which is not so when it comes to conciliation as lawyers chamber in Ghaziabad and the like are not in goon condition and if we demand for good infrastructure then cost rises, 3.	Mediation is conducted by qualified mediators who are well worse in the field of Psychology, ADR, Law where as conciliators are not properly equipped or trained in the field of Alternate Dispute Resolution and are only good at arguing and defending a party. Mediators are Govt. appointees where as conciliators are privately engaged, 4.	Mediation provides a better environment for creating an impact over customers and pressuring them as venue are there in police stations or court premises.

Location of Mediation Centers:

At present there are seven mediation centers in Delhi established by the Dept. of Law, Justice and Legislative Affairs. We can start mediation on the following centers by looking at the convenience and location of the parties. We can initiate request in these centers and should try to firmly distribute cases to avoid pendency and burden over one of the centers only. These centers are as follows:

•	Registered office: Department of Law, Justice & LA, 8th Level, C-Wing, Delhi Secretariat. Tel: 23392027 •	Vikas Bhawan : State Consumer Dispute Redressal Commission, Vikas Bhawan, I.T.O., New Delhi 110002, Tel:23379074 •	Udyog Sadan, Patpar Ganj, Industrial Area : 419, F.I.E. Patpar Ganj, Udyog Sadan, New Delhi -110 092., Tel: 22166842, 22166843,22166844 •	Rajpur Road : Delhi Transport Authority, Rajpur Road, 5/9 Under Hill Road, Civil Lines, Delhi 110054, Tel:23971019, 23971023 •	Parliament Street : Near Police Station New Delhi 110001, Tel:23368056, 23368057 •	Ambedkar Bhawang : Ambedkar Bhawan, Sector 16, Rohini, Delhi 110084., Tel:27571629 •	Qutab Institutional Area : Consumer Dispute Redressal Forum-II, GNCT of Delhi, Udyog Sadan, C-22 & 23 Qutab  Institutional Area, Behind Qutab Hotel, New Delhi., •	Nand Nagri : District Consumer Court, Office of Deputy Commissioner, North-East, 1st Floor, Nand Nagri  Delhi – 110093., Tel:22599413

We can directly apply before these Mediation centers to start mediation and to issue further processes of notice to the parties etc. We have to file an application either written or typed accompanying all the relevant documents (cardex, agreement etc.).

Question. What is mediation? Ans. 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 does not decide or impose any solution on the parties but creates a favourable environment to enable them to reach anamicable settlement. Mediation is a process of facilitated negotiation in which neutral mediator uses specialized communication and negotiation techniques which is voluntary, confidential, transparent and flexible in which parties themselves workout solutions of their disputes.

Question. What are benefits of mediation? Ans. Mediation is faster and generally less expensive than a trial. 1. There is more flexibility: parties often reach solutions that would not be possible at trial, and the process allows for “lateral thinking”. • Allows parties to personally express their views directly, informally, confidentially and without fear of any adverse action. 2. Parties themselves work out solution which meets their interests and thus, gives more satisfaction. 3. Focuses on the future rather than the rights and wrongs of the parties. 4. Eliminates the risks of litigation. 5. Helps to save time, energy, money and relationship. 6. Brings harmony by creating Win-Win situation for the disputing parties. Question. Who attends the mediation? All the parties to the dispute, their lawyers, and the mediator. Sometimes, with the agreement of all of the parties and the consent of the mediator, it is helpful to have someone present who is not a party but who can help resolve the dispute. Examples include experts such as valuers, and professional advisers such as accountants. Whoever attends on behalf of the parties must have full authority to settle the dispute.

Question. What happenes in Mediation? Ans. Mediation process, though is informal, has a definite structure. Mediator first talks to the parties and introduces himself. He establishes neutrality, creates trust of parties in the process and ultimately creates atmosphere for open discussions Mediator thereafter listens and encourages both the parties to give information and facts and helps them to identify their interests. He establishes communication between the parties. He also listens to both the parties separately to enable them to further explain their grievances, demands, expectations. He also helps parties to generate options for amicable settlement. Once the matter is settled, mediator clarifies and confirms the terms and records the settlement. Question. What is Duration of Mediation? Ans. Most cases are settled within 30 minutes to 60 minutes. However, if the dispute involves complex issues, it may require some more time. Question. How to approach the Mediation Centre? Ans. Delhi Dispute Resolution Society (Regd.) is setting up Mediation Centers in each district. Any or both the parties to a dispute, whether pending in court or not, are at liberty to approach any of the centers for resolution of their disputes. The petty criminal compoundable cases can also be referred by the police to the nearest centre before registration of FIR / or proceeding further in the matter / complaint. The cases before Consumer Forums and such other Tribunals can also be referred by the Presiding Officer for mediation. The consumers can also approach any centre for their complaints against vendors / service providers. Question. What cases to be referred for mediation?

Ans. The kind of cases taken up at the various Mediation Centres under Delhi Dispute Resolution Society (Regd.) may be: Pre-litigation Cases Pending Litigation Cases • Neighbourhood disputes • Consumer related disputes • Petty compoundable criminal cases • Cases of dishonour of cheques/Commercial • Accidental compensation cases • Family and relationship matters • Any other case with consent of parties • Cases of Consumer Courts • Cases of dishonour of cheques • Family and relationship disputes • Motor Accident Compensation Cases • Land related matters • Cases by or against Government having elements of settlement

It is evident from the above written facts that mediation is anyway better than any other modes of dispute resolution and we must take this concept ahead. The other State Governments should also provide strong support in formation of the forums providing these mediation facilities. This concept involves enormous benefits which are immediately required for the amelioration of the condition of general public and for improvement of the overall Law and Order situation of India.