Comparative public law

1. PPT Of Teaching Assignment
( Comparative Public Law)
Submitted TO:- Submitted By:-
Dr. Surendra Kumar Sandeep Kumar
Associate Professor LL.M
School Of Law & Governance CUSB2313131025
1st Sem ( 2023-24)

2. Types Of Mediation ( Alternative Dispute Resolution )
Introduction
In India, mediation is a conscious process in which disputing parties decide to jointly find a resolution to their
legal dispute by signing a contract and designating a mediator. The disputing parties retain the ultimate
decision-making authority, with the mediator serving as a peacemaker to help them reach an understanding.
The parties have the option to retain ADR, or alternative dispute resolution, legal counsel to represent them
before the mediator and provide a professional explanation of the issue. Arbitration and mediation vary in that
arbitration is a more structured procedure than mediation. It is appropriate to formally nominate an arbitrator
either in advance or when necessary. Anybody, regardless of title, can serve as a mediator. Their appointment,
whether formal or informal, depends on the desire of the parties.

3. India's mediation law has been become highly flexible and user-friendly. where In the legal context,
mediation is a type of alternative dispute resolution that settles conflicts between two or more parties in a
way that has tangible consequences. Usually, the mediator, a third party, helps the parties work out a
agreement. Conflict resolution can occur in many different contexts, including business, law, diplomacy,
the workplace, the community, and family concerns. The advantages of mediation, which cover a range of
items Expense, Control, Mutuality, Compliance, Secrecy, and Support.
Types Of Mediation
Facilitative Mediation
Evaluative Mediation
Transformative Mediation
Med-Arb/Arb-Med

4. • Facilitative Mediation
"Facilitative Mediation" was the exclusive kind of mediation that was taught and used during the 1960s and
1970s. The mediator creates a method in facilitative mediation to help the parties come to a mutually acceptable
decision. The mediator looks for interests that lie beneath the positions established by the parties, asks probing
questions, and helps the parties identify and consider options for resolution.
The facilitative mediator does not advise the parties, offer advice or an opinion on how the case should be
resolved, or forecast the actions of the court. The parties control the final result, but the mediator is in charge of
the process.
The goal of facilitator mediators is to make sure that parties reach agreements based on knowledge and
comprehension. Although they regularly have caucuses, they mostly hold joint sessions with all parties present
so that they can hear each other's viewpoints. Rather than the parties' attorneys, they want the parties to have the
most say in choices made.

5. Evaluative Mediation
Evaluative mediation is a process modeled on settlement conferences held by judges. An evaluative mediator
assists the parties in reaching resolution by pointing out the weaknesses of their cases, and predicting what a
judge or jury would be likely to do. An evaluative mediator might make formal or informal recommendations
to the parties as to the outcome of the issues. Evaluative mediators are concerned with the legal rights of the
parties rather than needs and interests, and evaluate based on legal concepts of fairness. Evaluative mediators
meet most often in separate meetings with the parties and their attorneys, practicing “shuttle diplomacy”.
They help the parties and attorneys evaluate their legal position and the costs vs. the benefits of pursuing a
legal resolution rather than settling in mediation. The evaluative mediator structures the process, and directly
influences the outcome of mediation.

6. Transformative Mediation
Transformative mediation is the newest concept of the three, named by Folger and Bush in their book THE
PROMISE OF MEDIATION in 1994. Transformative mediation is based on the values of "empowerment" of
each of the parties as much as possible, and "recognition" by each of the parties of the other parties' needs,
interests, values and points of view. The potential for transformative mediation is that any or all parties or
their relationships may be transformed during the mediation. Transformative mediators meet with parties
together, since only they can give each
other "recognition".

7. Med-Arb/Arb-Med
Med-arb has features of both mediation and arbitration. The parties first try to resolve their disputes
through mediation. If that does not resolve it, then the process switches to a binding arbitration. For a more
expansive introduction to med-arb, see this blog post from the HLS Program on Negotiation: "Med-arb":
An Effective Tool for Resolving Disputes.
In arb-med, the process starts with an arbitration proceeding, after which a non-binding arbitration award is
issued. Then, the parties work with a mediator to attempt to resolve their confict.

8. Types of Problems Solved With Mediation
Anyone can suggest solving a problem through mediation. Neighbor-to-neighbor disputes or other personal
issues can be resolved in a few hours without the need to initiate a lawsuit. When litigation has commenced,
it's common for courts to require some form of informal dispute resolution, such as mediation or arbitration,
and for a good reason—it works. Examples of cases ripe for mediation include a:
Personal injury matter
Small business dispute
Family law issue
Real estate dispute, and
Breach of contract

9. Thank You