Mediation is a process in which a mediator, a neutral third party, helps the parties to the dispute to reach a settlement by identifying their long term interests and exploring their options. Mediation/conciliation is being conducted with the purpose of arriving at an acceptable resolution by settling the dispute in a co-operative manner. Parties should participate in this in good faith.

Mediation is a process which saves time and costs and helps to preserve personal and business relationships. The power to make decisions is retained by the parties. It is a confidential process. It is voluntary i.e any party has the right to terminate the mediation at any time.

Commercial, contractual, family, business, banking, partnership, Company disputes amongst others are suitable for mediation. In these cases long drawn out litigation can have a severe adverse impact.

The Tamil Nadu Mediation and Conciliation Centre has been set up by the Madras High Court to facilitate the settlement of disputes pending in courts. It is supervised by a committee of Hon’ble Judges of the High Court and run by an Organising Committee of lawyers.

The High Court will refer appropriate cases for mediation to the Centre under Section 89 of the Code of Civil Procedure. Mediator/s from the Centre’s panel will be appointed to mediate the dispute.

The parties are requested to submit a brief outline of their case to the Centre at least three days before the first mediation session. Parties and their lawyers can participate in the mediation. Mediator/s appointed by the Centre will hold sessions with the parties and their counsel. The parties will each present their case and the Mediator will identify the issues and interests involved and facilitate settlement. This may take a few sessions. If settlement is reached, parties sign an agreement and the Court will pass enforceable orders in those terms. If settlement is not reached, the matter is referred back to the Court which will hear and decide the matter.

The Mediators are mostly lawyers, Judicial Officer and the Hon’ble Sitting Judges of High Court of Madras. All of them have received training in mediation skills and techniques. If a party has any objection to the appointed mediator, the Centre should be informed with brief reasons.

Lawyers render their professional service of assisting their clients during the mediation process. They protect their client’s rights and also promote the clients interests in reaching a good settlement.

The Mediator/Conciliator shall respect the confidentiality of information that the parties request him/her to keep confidential. (Section 75, Arbitration and Conciliation Act, 1996). The parties shall not rely or introduce as evidence in any proceedings the views, suggestions or admissions expressed or made by a party, the proposals made by the mediator/Conciliator and indication of acceptance by a party during the course of the mediation proceedings. (Section 81, Arbitration and Conciliation Act, 1996). The parties agree not to call the Mediator/Conciliator as a witness or as an expert in any proceeding relating in any way to the dispute, which is the subject of mediation. (Section 80, Arbitration and Conciliation Act, 1996).