That the legal remedy sought by mediation and counseling are same but in different ways.
- MEDIATION:- Mediation is a procedure designed to resolve disputes through agreement, i.e., through the mutual consent of the parties. … Mediation relies upon the consent of the parties. It is one of the most popular methods of alternative dispute resolution.
A means of resolving disputes outside of the judicial system by voluntary participation in negotiations structured by agreement of the parties and usually conducted under the guidance and supervision of a trained intermediary.
Settlement by ‘Mediation’ means the process by which a mediator appointed by parties or by the Court, as the case may be, mediates the dispute between the parties to the suit by the application of the provisions of the Mediation Rules, 2003 in Part II, and in particular, by facilitating discussion between parties directly or by communicating with each other through the mediator, by assisting parties in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, generating options in an attempt to solve the dispute and emphasizing that it is the parties own responsibility for making decisions which affect them.
In the simple manner the mediation is the process to settle the matter/disputes between the parties every court has inside the mediation house and all the court had already appointed their own respective/highly trained mediator that help to settle the disputes properly.
The mediation is a free and short process of the court where the possibility of settling the matter arises it is free of cost for everyone.
Basically the mediation is like a speedy disposal of the dispute by settling it in the court in front of the mediator.
When the dispute approaches the court or after the framing of the notice the court ordered the opposite party to appear in person or give his present before the court in person, then if opposite party want to settle the matter inside the court then the court referred the dispute to the mediation cell.
In the mediation cell one mediator appointed to the parties of the case where the mediator would listen all the problems and cause of action, reason for filing the case and put their efforts on the parties to settle the matter speedily.
The mediator write all the terms and conditions of the parties during settling the matter, the writing of the terms and condition is very important for settlement because they don’t want to invite future litigation.
When the parties ready to settle the matter then the mediator made an settlement agreement, in the agreement all the terms and conditions shall be wrote by the mediator thereafter both the parties of the suit have to sign the settlement agreement for fulfilling the terms.
The parties can approach the mediation cell at any stage of the case.
Approaching the mediation is very beneficial for the civil suit where after settlement the disputes the parties can take back his court fee.
COUNSELING
The definition of counseling refers to guidance or advice provided to help someone resolve difficulties or decide issues.
Basically the counseling is like a therapy to work on you dispute and resolve it by securing the relationship.
Counseling helps the couples to secure the relationship by compromising the issues and not to create misunderstandings.
Mostly the counseling is for the matrimonial disputes where the counselors appointed by the family court .
The judges can make him as counselors for just resolving the disputes and for protect the house of the couples.
The matter can be referred to the counseling cell at any point of time and at any stage of the case.
Basically when the disputes approaches the court then the court before starting the further processes in the case they referred the matter to counseling cell for settling as soon as possible.
In the counseling cell the counselor listen both the parties and after listing both the parties they gives their review for settling the matter in the very peaceful manner.
The counselors of the counseling cell are much trained and well qualified they are able to understand any type of matter and able to settle it accordingly.
In the counseling cell the counselor would listen the problem of the parties and call him turn by turn they settle it by listing the individual problems of the party and made efforts for resolving the disputes.
If the counseling parties not able to settle the matter or unable to understand their terms and conditions then the counseling cell gives another date to the parties, the counseling cell spend time on the parties just for settling the matter at any ways. That the mediation cell and counseling cell both save the time of the court and also saves the time of the parties , protect the parties from the harassment and saves money.
