What is Mediation?
Mediation is a structured process in which a neutral third party—called the mediator—facilitates
communication between disputing parties to help them reach a mutually acceptable resolution.
Unlike traditional litigation, mediation focuses on collaboration and finding common ground,
allowing the parties to craft a solution that works for them, rather than having a decision
imposed by a judge or arbitrator.
At Covenant Chambers, we specialize in guiding clients through mediation, helping them to resolve
disputes efficiently, cost-effectively, and with minimal disruption. Whether you are facing a
family, business, employment, or personal conflict, mediation can provide a faster, more
flexible alternative to court.
How Mediation Works
The mediation process typically involves the following steps:
- Pre-Mediation Preparation: Our experienced mediators meet with the parties
(often separately) to understand the issues and establish ground rules for the session.
- Joint Session: The mediator brings the parties together in a neutral
environment to facilitate open dialogue, encourage active listening, and explore potential
solutions.
- Private Sessions (Caucus): If needed, the mediator may meet privately with
each party to explore concerns, challenges, and alternative solutions in a confidential
setting.
- Resolution: If a resolution is reached, the mediator will help the parties
draft a legally binding agreement that formalizes their settlement.
Why Choose Mediation?
- Cost-Effective: Mediation generally costs less than traditional litigation
due to its efficiency and the reduced need for prolonged legal proceedings.
- Faster Resolution: With mediation, disputes are often resolved more
quickly, saving you time and reducing stress.
- Confidential: Mediation is a private process, and the details discussed
during the sessions are not disclosed to the public or used in court.
- Preserves Relationships: Mediation allows parties to maintain their
professional or personal relationships, as it encourages cooperative rather than adversarial
behavior.
- Control and Flexibility: You maintain control over the outcome, as the
resolution is agreed upon by both parties rather than imposed by a judge.
What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution (ADR) encompasses a variety of methods used to resolve disputes
outside of the courtroom. ADR can include processes such as mediation, arbitration, and
collaborative law, offering flexible and efficient alternatives to traditional litigation.
ADR methods are often faster, less formal, and more cost-effective than court proceedings, and
they provide an opportunity for parties to resolve their disputes with greater control over the
outcome.
Types of ADR Services We Offer
- Arbitration: In arbitration, a neutral third party (the arbitrator) hears
evidence and makes a binding decision, much like a judge would in court. This method can be
more streamlined and quicker than going through the judicial system.
- Collaborative Law: In collaborative law, each party retains their own
attorney, and both sides agree to work together to reach a resolution. This process is built
on the principles of transparency and cooperation, with the goal of avoiding litigation
entirely.
- Negotiation: Sometimes, direct negotiation between the parties, facilitated
by counsel, can lead to a successful resolution without the need for formal ADR processes.
Our experienced attorneys assist clients in navigating negotiations with tact and strategy
to protect their best interests.
Types of Disputes We Handle
We represent individuals, businesses, and organizations in a wide range of dispute matters,
including but not limited to:
- Business and Commercial Disputes: Breach of contract, partnership disputes,
shareholder conflicts, fraud claims, and intellectual property disputes.
- Employment Disputes: Workplace harassment, discrimination, wrongful
termination, non-compete agreements, and wage disputes.
- Construction and Real Estate Disputes: Contractor disputes, construction
defects, zoning issues, and landlord-tenant conflicts.
- Family Law Disputes: Divorce, child custody, spousal support, and property
division.
- Contract Disputes: Breaches of contract, warranty issues, and disputes over
contract terms and performance.
- Insurance Disputes: Denial of claims, coverage disputes, and bad faith
insurance practices.
- Personal Injury & Tort Claims: Claims for injury, negligence, defamation,
and other personal disputes.
Why Consider Alternate Dispute Resolution?
- Privacy and Confidentiality: ADR offers a confidential setting, protecting
sensitive business or personal information from becoming public.
- Reduced Legal Costs: By avoiding lengthy court battles, ADR typically
results in lower legal fees and overall costs.
- Customized Solutions: ADR processes give the parties more flexibility in
crafting a resolution that is tailored to their unique needs, instead of a one-size-fits-all
judgment.
- Better Control Over Outcomes: ADR empowers the parties to have more
influence over the final resolution, avoiding the unpredictability of a trial.
Our Approach to Dispute Resolution
We recognize that each dispute is unique and requires a tailored approach. Our team employs a
blend of negotiation, alternative dispute resolution (ADR) techniques, and, when necessary,
litigation to address your specific needs and objectives.
- Negotiation: Our skilled attorneys work with you to identify your goals and
explore mutually beneficial solutions. We take a strategic approach, aiming to resolve the
dispute while minimizing time, cost, and stress.
- Mediation: When a neutral third party is needed to help facilitate
discussions, our attorneys are experienced in guiding clients through mediation. We focus on
achieving a compromise that addresses the interests of all parties involved, often
preserving important business relationships.
- Arbitration: As an alternative to court, arbitration can be an effective
way to resolve disputes quickly and confidentially. Our team has extensive experience
representing clients in arbitration hearings, ensuring that your case is presented clearly
and effectively.
- Litigation: If alternative methods of resolution are unsuccessful, our
attorneys are fully prepared to represent you in court. With years of experience in
commercial, civil, and personal disputes, we have the trial expertise to protect your
interests and advocate on your behalf.
Acts & Rules on Mediation & Alternative Dispute Resolution (ADR)
The Arbitration and Conciliation Act, 1996
Covers:
- Arbitration, Conciliation, and Mediation (Part III)
- Based on the UNCITRAL Model Law
Key Features:
- Allows both domestic and international arbitration.
- Section 30 promotes settlement through mediation and conciliation even during
arbitration.
- Part III specifically deals with conciliation, which is treated similarly to
mediation.
The Mediation Act, 2023 (New & Comprehensive Law)
Key Features:
- Provides a uniform framework for institutional mediation in India.
- Makes pre-litigation mediation mandatory for civil and commercial disputes (with
exceptions).
- Encourages online mediation and use of mediation councils.
- Introduces Community Mediation for local and social disputes.
- Establishes the Mediation Council of India (MCI).
Mediation Agreement:
- Must be in writing.
- Binding if both parties consent and it is signed.
- Enforceable like a court decree.
Code of Civil Procedure, 1908 (CPC) – Section 89
Legal Services Authorities Act, 1987
Governs:
- Lok Adalats – informal dispute resolution forums for compromise.
- Focus on speedy resolution of small civil, matrimonial, or petty criminal cases.
Key Institutions:
- National Legal Services Authority (NALSA)
- State/District Legal Services Authorities
Companies Act, 2013 – Section 442
- Mediation and Conciliation Panel by the Central Government.
- Disputes pending before the National Company Law Tribunal (NCLT) or
- Disputes pending before the National Company Law Tribunal (NCLT) or Appellate
Tribunal (NCLAT)
- Disputes pending before the National Company Law Tribunal (NCLT) or
can be referred to mediation.
Industrial Disputes Act, 1947
- Labour disputes.
- Provides for conciliation officers and boards of conciliation to mediate between
employer and workers.
Other Relevant Provisions / Guidelines
- Supreme Court Mediation Rules, 2023
- High Court & District Court Mediation Rules (vary state-wise)
- Consumer Protection Act, 2019 – has provisions for mediation cells under consumer
commissions.
- Family Courts Act, 1984 – encourages mediation in matrimonial disputes.
Institutions & Bodies
- Mediation Council of India (MCI) – under the Mediation Act, 2023
- India International Arbitration Centre (IIAC)
- Indian Council of Arbitration (ICA)
- NITI Aayog – promotes ADR mechanisms in commercial contracts.
Why Choose Covenant Chambers for Your Mediation & ADR Needs?
At Covenant Chambers, our attorneys and trained mediators bring years of experience to help you
navigate and resolve disputes through alternative methods that are cost-effective and efficient.
Whether through mediation, arbitration, or other ADR services, we provide clear, practical
guidance every step of the way.
We are committed to helping our clients find solutions that are both fair and sustainable,
focusing on achieving mutually beneficial outcomes that avoid the emotional and financial toll
of litigation.