Mediation

What is Mediation

Mediation is facilitated negotiation whose object is the consensual resolution of a dispute on terms that the parties agree upon themselves.

Although administration is not required for resolution. JUPITICE’S self-administered processes through its Online Mediation Platform allow parties to conduct mediation without the help of an administering body. However, given the varying nature of complex commercial disputes, there may be some situations in which limited administration may be needed for a given type of case or case load.

JUPITICE offers assistance with the most critical element in the proceeding – the challenge of selecting the best neutral with the right set of skills. Choosing the wrong neutral can adversely affect the outcome of the dispute, which, in turn, can have a long-term impact on business relationships and the bottom line. Selecting the right neutral is critical and should not be left to chance.

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One Platform - All Online

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Perform all Stages of Mediation Online on Single Platform

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    Mediation Stages

How Jupitice Platform Can Help

Commencement Request for Mediation

This is the first step of the mediation process. When one party expresses an interest in mediation, JUPITICE will contact the other parties to determine their interest, the parties may submit all or some of the issues in dispute to mediation, and may mediate selected substantive or procedural issues. In some cases, both parties can also approach JUPITICE. Later, JUPITICE proceed with the following process.

How Jupitice Platform Can Help

Finding a Mediator

After conferring with the parties, JUPITICE will send a list of proposed mediators from its roster of experienced mediators. The mediators on the list may have subject-matter expertise or other experience, consistent with the parties' needs in the case. Once the mediator has been selected, the parties to the dispute and the mediator will proceed to the next step.

How Jupitice Platform Can Help

Gathering Information

Before the mediation begins, the mediator will request information related to the case. The mediator will ask for a summary or history of the dispute, arbitration pleadings (if available), or other documents that help tell the story of the dispute.

How Jupitice Platform Can Help

Joint Discussions

The mediator might encourage the parties to respond directly to the opening statements, depending on the participants’ receptivity, in an attempt to further define the issues.

How Jupitice Platform Can Help

Private Caucuses

As the mediation process continues, and depending on the type of case and parties' needs, the mediator will use separate caucuses, which are private meetings with one party at a time. The mediator and the party will candidly discuss settlement expectations, and the mediator can help parties see the strengths and weaknesses of the case.

How Jupitice Platform Can Help

Settlement Agreement

How Jupitice Platform Can Help

Online Payment

Arbitration vs Conciliation vs Mediation

Arbitration

  • Quasi-Judicial Adjudicatory Process
  • Arbitrator(s) appointed by Parties through Agreement or Court
  • Governed by tailor-made Procedural Rules subject to Arbitration & Conciliation Act 1996 in India
  • Decision (Award) Legal Binding & Court Enforceable
  • Award is subject to Challenge on specified/ limited grounds
  • Adversarial in Nature as focus is on determination of Rights & Liabilities
  • Institutional Arbitration assistance available
  • A Formal Proceeding held in Private
  • More expensive than Mediation
  • Awards are recognizable & enforceable in 166 countries under The New York Convention 1958

Conciliation

  • In Conciliation, Conciliator plays a pro-active role and is a interventionist.
  • Quasi-Judicial Adjudicatory Process
  • Arbitrator(s) appointed by Parties through Agreement or Court
  • Governed by tailor-made Procedural Rules subject to Arbitration & Conciliation Act 1996 in India
  • Decision (Settlement) Same status & effect as if an Arbitration Award on agreed terms
  • Conciliator assist the parties in their attempt to reach an amicable settlement of their disputes
  • Less formal proceedings held in Private
  • Less expensive than Arbitration but expensive than Mediation
  • Fast than Arbitration but less than Mediation
  • Institutional Conciliation assistance available
  • Win-Win Solution
  • No Guaranteed outcome
  • Preserve relationships
  • Conciliation is generally employed in Civil Law countries

Mediation

  • It is a Negotiation Process and not an Adjudicatory Process
  • Procedures & Settlements not governed by any Statutory Provisions
  • Informal Proceedings in Private
  • Faster than Arbitration & Conciliation
  • Low Cost than Arbitration & Conciliation
  • Win-Win Solution
  • No Guaranteed outcome
  • Preserve relationships
  • "Singapore Convention on Mediation" signed by 53 countries