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:

  1. Pre-Mediation Preparation: Our experienced mediators meet with the parties (often separately) to understand the issues and establish ground rules for the session.
  2. Joint Session: The mediator brings the parties together in a neutral environment to facilitate open dialogue, encourage active listening, and explore potential solutions.
  3. Private Sessions (Caucus): If needed, the mediator may meet privately with each party to explore concerns, challenges, and alternative solutions in a confidential setting.
  4. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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)

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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.
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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.
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Code of Civil Procedure, 1908 (CPC) – Section 89
  • Courts can refer disputes to:

    • Arbitration
    • Conciliation
    • Judicial Settlement
    • Mediation
    • Lok Adalats
  • Section 89 was inserted to reduce case backlog and promote ADR.
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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
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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.
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Industrial Disputes Act, 1947
  • Labour disputes.
  • Provides for conciliation officers and boards of conciliation to mediate between employer and workers.
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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.
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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.

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