Course of content on mediation and conflict resolution by Dr. Ritu Gautam, Mediation Training Expert, Family dispute resolution clinic Coordinator, Legal professional

2. TOPICS
TO BE
COVERED
Introduction
Understanding Conflict
Concept of Mediation
Comparison Between Judicial Process
and Various ADR Processes
The Process of Mediation
Stages of Mediation
Role of Mediators

3. TOPICS TO BE
COVERED
Training of Mediators
Communication in Mediation
Negotiation and Bargaining in Mediation
Role of Referral Judges
Role of Lawyers in Mediation
Role of Parties in Mediation
Hands on Training

4. UNDERSTANDING CONFLICT
WHAT IS CONFLICT?
ACCORDING TO DAVID L. AUSTIN, “IT CAN BE DEFINED AS A DISAGREEMENT BETWEEN
TWO OR MORE INDIVIDUALS OR GROUPS, WITH EACH INDIVIDUAL OR GROUP TRYING TO
GAIN ACCEPTANCE OF ITS VIEW OR OBJECTIVES OVER OTHERS.”
WHAT CAUSES CONFLICT?
• INTERNAL CONFLICT/ INTRAPERSONAL CONFLICT
• EXTERNAL CONFLICT/ INTERGROUP CONFLICT

5. TYPE OF CONFLICT
• ECONOMIC CONFLICT IS BROUGHT ABOUT BY A LIMITED AMOUNT OF RESOURCES. THE GROUPS OR INDIVIDUALS
INVOLVED THEN COMES INTO CONFLICT TO ATTAIN THE MOST OF THESE RESOURCES, THUS BRINGING FORTH
HOSTILE BEHAVIORS AMONG THOSE INVOLVED.
• VALUE CONFLICT IS CONCERNED WITH THE VARIED PREFERENCES AND IDEOLOGIES THAT PEOPLE HAVE AS THEIR
PRINCIPLES. CONFLICTS DRIVEN BY THIS FACTOR ARE DEMONSTRATED IN WARS WHEREIN SEPARATE PARTIES
HAVE SETS OF BELIEFS THAT THEY ASSERT (IN AN AGGRESSIVE MANNER AT THAT).
• POWER CONFLICT OCCURS WHEN THE PARTIES INVOLVED INTENDS TO MAXIMIZE WHAT INFLUENCE IT HAS IN
THE SOCIAL SETTING. SUCH A SITUATION CAN HAPPEN AMONG INDIVIDUALS, GROUPS OR EVEN NATIONS.

6. FIVE BELIEFS THAT PUSH GROUPS TOWARD
CONFLICT
• SUPERIORITY
• INJUSTICE
• VULNERABILITY
• DISTRUST
• HELPLESSNESS

7. A CONFLICT HAS FIVE PHASES
• PREFACE/INTRODUCTORY TO CONFLICT
• TRIGGERING EVENT
• INITIATION PHASE
• DIFFERENTIATION PHASE
• RESOLUTION PHASE

9. WHAT IS MEDIATION?
THE TERM "MEDIATION" BROADLY REFERS TO ANY INSTANCE IN WHICH A THIRD PARTY HELPS OTHERS REACH AN
AGREEMENT.
MEDIATION IS A DYNAMIC, STRUCTURED, INTERACTIVE PROCESS WHERE AN IMPARTIAL THIRD PARTY ASSISTS
DISPUTING PARTIES IN RESOLVING CONFLICT THROUGH THE USE OF SPECIALIZED COMMUNICATION AND
NEGOTIATION TECHNIQUES AND REACH TO AN AMICABLE SOLUTION.
MEDIATION IS A “CIN THAT IT IS FOCUSED PRIMARILY UPON THE NEEDS, RIGHTS, AND INTERESTS OF THE PARTIES.
THE MEDIATOR USES A WIDE VARIETY OF TECHNIQUES TO GUIDE THE PROCESS IN A CONSTRUCTIVE DIRECTION AND
TO HELP THE PARTIES FIND THEIR OPTIMAL SOLUTION. A MEDIATOR IS FACILITATIVE IN THAT SHE/HE MANAGES THE
INTERACTION BETWEEN PARTIES AND FACILITATES OPEN COMMUNICATION.

10. KEY CHARACTERISTICS OF MEDIATION
• MUTUAL PROCESS/ NON-BINDING PROCESS
• PARTY-CENTERED PROCESS
• DYNAMIC, STRUCTURED, INTERACTIVE PROCESS
• IMPARTIAL/ NEUTRAL THIRD PARTY
• PROBLEM SOLVING APPROACH
• SPECIALIZED COMMUNICATION
• NEGOTIATION TECHNIQUES
• REACH TO AN AMICABLE SOLUTION

11. FAMILY DISPUTES RESOLUTION CLINIC
( A COLLABARATION WITH SHARDA UNIVERSITY & GAUTAM BUDDH NAGAR POLICE )

12. COMPARISON BETWEEN JUDICIAL PROCESS AND VARIOUS
ALTERNATIVE DISPUTE RESOLUTION PROCESSES & PROCESS OF
MEDIATION
• SECTION 89 OF THE CODE OF CIVIL PROCEDURE, WHICH GIVES THE COURT THE POWER TO
REFER THE DISPUTE FOR SETTLEMENT OR CONCILIATION WAS INTRODUCED WITH A PURPOSE
OF AMICABLE, PEACEFUL AND MUTUAL SETTLEMENT BETWEEN PARTIES WITHOUT
INTERVENTION OF THE COURT. THE CONSTITUTIONAL VALIDITY OF THIS SECTION WAS UPHELD
BY THE HON'BLE APEX COURT IN THE CASE OF AFCONS INFRASTRUCTURE LTD. & ANR V.
CHERIAN VARKEY CONSTRUCTION CO. (P) LTD. & ORS, REPORTED IN (2010) 8 SCC 24

13. TEN GOLDEN RULES OF MEDIATION
• RULE 1 -- THE DECISION MAKERS MUST PARTICIPATE.
• RULE 2 -- THE IMPORTANT DOCUMENTS MUST BE PHYSICALLY PRESENT.
• RULE 3 -- BE RIGHT, BUT ONLY TO A POINT.
• RULE 4 -- BUILD A DEAL.
• RULE 5 -- TREAT THE OTHER PARTY WITH RESPECT
• RULE 6 -- BE PERSUASIVE.

14. CONTD..
• RULE 7 -- FOCUS ON INTERESTS.
• RULE 8 -- BE A PROBLEM SOLVER FOR INTERESTS.
• RULE 9 -- WORK PAST THE ANGER.
• RULE 10 -- BE PATIENT

17. ROLE OF MEDIATORS AND TRAINING
OF MEDIATORS

18.  Convener- Setup first meeting
 Educator
 Translator
 Communication Facilitator
 Questioner and clarification
 Process Advisor
 Catalyst
 Responsible detail person

19. DUTIES OF THE MEDIATOR

20. Empathic listening
Reframing
Asking questions
Managing flow
Control the Agenda
• Show the mirror
Design an Offer-Concession
Strategy
• Employ “Fair” Objective Criteria
Code of Conduct
• Impartiality
• Notification of Challenge
• Conflict ​of Interest
• Confidentiality

21. • Rule 3, 3A and 3B. Order XXVII (Rule 5B), Order XXXIIA (Rule 3)
• Commercial Courts Act 2015
• The Commercial Courts ( Pre-Institution Mediation and
Settlement) Rules 2018 (the PIMS Rules)
• The Consumer Protection Act 2019 and Relevant Regulations
• Arbitration and Conciliation Act 1996 (Section 61-81)
• Arbitration – Relevant provision (Section 30-37)
• Section 89, CPC 1908
Legal Provision

22. “Peace cannot be kept by force; it can only be
achieved by understanding”
Albert Einstein

23. In the words of Guatam Budhha,
"Better than a thousand hollow
words is one word that gives
peace",
“Santosham Paramam Sukham”.
Mediation is one of the modes for
attainment of 'Peace'