"Peace is not the absence of conflict, but the ability to cope with it"
What is Mediation?
Mediation is a process through which parties can resolve their dispute with the help of a neutral intermediary, called a Mediator, who is known to help the parties reach a mutually satisfactory settlement of their dispute. The Mediator helps the parties understand each other’s points of concern, and area of settlement. Any settlement that takes place is recorded into an enforceable contract.
Mediation often results in creating a settlement that adds so much more value than would have been added if the underlying dispute had not occurred or been resolved.
Importance of Mediation
Mediation is known to be a cost-effective, efficient, and time-saving manner. Not only does it do that but it is also known to help preserve the relationship of the parties to the dispute. It does not put them in a legal tussle against each other for years, instead of providing a bitter-free solution that in fact helps enhance the relationship of the parties in many cases.
Mediation is a complete confidential procedure and any confidential information disclosed that information is not allowed to be provided to anyone (even in case of subsequent court litigation or arbitration that would take place after the mediation).
LGL ODR aims to provide a faster and more cost-effective Dispute Resolution without making partners become adversaries.
Have a Conflict? Get it resolved through LGL ODR
LGL Mediation Steps
Help us Help you
Help us understand your dispute and we will then invite the other party on board, and assign a qualified mediator to help you reach an amicable settlement.
Expressing Claims and Settlement Offers
The mediation will involve having discussions and talks on both ends with the mediator trying to understand the views and concerns of both the Parties. The mediator will also suggest a possible win-win solution.
Accept the Terms and Conditions
Once both the parties come to terms with regards to a settlement, the mediator draws up a “Mediation Agreement” or “Settlement Agreement” for approval from both the parties.
Enforce the Settlement
The Mediation/Settlement Agreement once signed and executed by the parties is enforced as a legal agreement and must be adhered to by the parties.
i. The parties to a dispute can approach LGL ODR under a pre-existing LGL dispute resolution clause. If the clause does not exist, the parties can, via a joint application, accept the LGL clause and the terms and conditions thereto.
ii. The mediation will commence only after both the parties have accepted and agreed to the terms and conditions. In case one party having a potential dispute approaches LGL ODR, in such a case the other party will be approached with an invitation to the mediation. Once both parties agree, they are required to sign the LGL Terms and Conditions to commence the process.
i. Until a Case Manager is assigned all forms of communication with regards to the whole process can be directed to firstname.lastname@example.org.
ii. Any notification, document, notice or reply provided to the mediator by a party must also be communicated by that party to every other party to the dispute unless such document is termed as confidential or for the “mediators eye only”
i. Within 3 working days from the date of acceptance of LGL Terms and Conditions, a Case Manager will be assigned to the parties. The Case Manager will schedule a Pre-Mediation Call as per the convenience of the parties to offer a brief overview of the whole process.
ii. The Case Manager’s role is to be available for all the administrative, secretarial work, and help resolve any queries that the parties may have. The Case Manager will also provide updates to the parties, keep a track on the progress of the mediation and inform parties as and when required and asked for.
iii. The Case Manager will also help the parties go through the list of mediators available, and they can choose their own preference. The Case Manager will ensure that the parties are present at the date of the mediation session and will help them in any inconvenience they might face. However, LGL ODR reserves the right to appoint the Mediator for the dispute, to ensure neutrality of the Mediation process.
i. A list of Mediators will be provided by the Case Manager to the Parties, who will assist the parties go through their credentials and charges. The parties can then choose their preferred mediator. However, LGL ODR reserves the right to appoint the Mediator for the dispute, to ensure neutrality of the mediation process.
ii. There shall be only one mediator appointed, unless the mediator appointed requests for a co-mediator based on the complexity of the case. Only under such circumstances can a co-mediator be appointed.
iii. On a case to case basis, LGL ODR has the discretion to appoint a mediator. Both the parties are free to request for a particular mediator, who will be appointed if he has expertise towards solving a particular dispute.
iv. Prior to the Commencement of the Mediation, LGL ODR will require from the parties involved to provide a disclosure or declaration for having no prior professional or personal engagement with the Mediator.
v. The Parties, in the event of any disagreement or other concerns, can request for a change in the Mediator appointed. LGL ODR, if it deems fit and reasonable, has the right to change the Mediator at the request of the party or parties.
i. The Mediator shall assist the parties to arrive at a settlement agreeable by both the parties. His assistance should be in such a manner that it is independent and neutral.
ii. The Mediator is free to conduct the mediation proceedings in a manner he deems to be appropriate, only after taking into consideration the circumstances of the case, the concerns of the parties, the time limit. If there is a need for a quick settlement by the parties, depending on the nature and circumstance of the dispute, the Mediator can conduct his proceedings accordingly.
ii. The Mediator shall always conduct the proceedings with the objectives of fairness, impartiality, justice and equality. The Mediator should always be aware of the rights and obligations of each party to the dispute, the focal point of dispute and the concerns of the parties.
i. A Mediator’s Brief contains a written statement that includes the nature of the dispute, the facts of both the parties and the focal point of the issue in the dispute. A Mediator’s brief shall not exceed the limit of 5 pages, and any relevant documents/evidence can be submitted along with the mediator’s brief. The Mediator’s Brief shall be submitted within 5 days from the Pre-Conference call.
ii. The Mediator can request both the parties to submit a written statement further on their position and grounds to support them along with any evidence or documentary proof.
iii. Both the parties have the right to submit documents or facts that can be “for the mediator’s eye only”. The Mediator is not allowed to disclose such information under any circumstance whatsoever.
If a mediator receives any form of update, notification or document from a party with regards to the dispute, he is bound to disclose such information, in brief, to the other party (only if such information is not captioned as “For Mediators Eyes only”) so as to give the other party a chance to present their side on behalf of such information as provided by the party to the mediator.
The Parties are not allowed to use as evidence whole or any part of the mediation proceeding in an arbitral or a judicial proceeding. Examples of such evidence that could be non-admissible is as follows:
i. Admissions made by either party during the course of mediation.
ii. Solutions put forth for a possible settlement of the dispute that did not fall through;
iii. Any such admissions or willingness to settle that has been made during the mediation proceedings or to the mediator.
ii. Solutions put forth for a possible settlement of the dispute that didn’t fall through;
iii. Any such admissions or willingness to settle that has been made through the mediation or to the mediator is not admissible in a court of law.
i. In order to ensure that confidentiality remains, all the parties are required to sign and attest to LGL Terms and Conditions which outlines the confidentiality and privacy requirements relating to all forms of information, documents shared during the dispute resolution process.
ii. Each person involved in a mediation which includes, but is not limited to, the Mediator, the Case Manager, the parties and their representatives are required to abide by the terms and conditions relating to confidentiality and privacy of the mediation proceeding.
iii. None of the parties are allowed to record any of the meetings that are a part of the mediation. The parties are also not allowed to make a copy of any information or material provided by the parties, which shall be inadmissible before any court of law.
i. All parties to a dispute must be present for mediation in person or by an authorized representative. The parties should not fail to attend the mediation session. In case the mediation is attended by an authorised representative of any party, the same shall be informed to the Case Manager allowing him/her to inform the mediator and other parties about the same.
ii. The Mediator is the head of all the sessions and has the right to not allow any representative of a party, if the mediator has valid grounds to believe that such representative can hamper neutrality and integrity of the mediation process.
iii. Parties must bear in mind that any authorised representative should not have had or is having any relationship, of any form whatsoever, with the Mediator to the dispute, unless such a relationship is disclosed and the other parties to the dispute do not object to it.
iv. Appointment of an Expert: At any time during the mediation process, the mediator or the parties can appoint an expert in the area that surrounds the dispute, to get an expert opinion on the same. Such an appointment will incur costs, which shall be borne by the parties to the dispute, or the party insisting for such an appointment, as decided by the parties.
i. Once the parties reach a possible settlement, the Mediator shall formulate agreeable terms and submit them to the parties on the LGL ODR Platform.
ii. After reviewing the terms as aforesaid, if the parties agree on the said terms of settlement, the parties may sign a Mediation Agreement which will be binding on both the parties.
iii. The parties may sign the Mediation Agreement within two days from the receipt of the Agreement. Once the parties or their representatives have signed the agreement, it shall be signed by the Mediator and uploaded on the LGL ODR Platform, for record.
iv. The Mediation Agreement shall be binding on both the parties and shall have the same status as an Arbitral Award.
v. Unless otherwise agreed by the parties, no mediation proceeding under LGL ODR Rules shall exceed beyond a period of 45 days from the commencement of mediation proceedings.
i. A Mediation is said to stand completed when a Mediation Agreement has been signed and executed by both the parties covering all aspects of the dispute.
ii. A Mediation is said to stand terminated or suspended when the Mediator feels that it is unlikely to reach a possible settlement and is purposeless to further continue the mediation process. The Mediation can also be terminated at request of either party only after preliminary discussions have taken place between the mediator and the parties, and there is no plausible settlement.
iii. Once the Mediation stands completed or terminated, the mediator shall inform the Case Manager about the same in writing. The mediator must provide the Case Manager a detailed report regarding the completion or suspension of the Mediation proceeding and the reasons involved thereto.
iv. Such reports provided shall be stored with the LGL ODR Platform for statistical purposes and under no circumstance will details of the parties, the dispute between the parties or any other such information be shared with any third party.
i. The dispute will be resolved through a trusted online based third party video application.
ii. The Mediation will take place in English Language. However, under certain circumstances and on request made by the parties to the dispute, the same can take place in a language which is comfortable to both the parties, subject to availability of a mediator in that language.
i. The Parties to a dispute must pay the fees to LGL ODR directly as mentioned and explained during the Pre-Mediation Call by the LGL ODR Team.
ii. The Payment and cost of the Mediation shall be borne by both the parties unless the parties have already decided on which party will bear the costs.
iii. In case a Mediation stands terminated or suspended due to the parties non-cooperation, the parties are liable to pay the cost upto the point the mediation was conducted.
The Parties shall not initiate any proceedings, judicial or arbitral, during the course of the mediation process, if such proceedings are related or in respect with a dispute that is a part of the mediation.
i. No briefs, statements or documents provided by the Mediator, Case Manager or LGL relating to the dispute shall be used as a mechanism to attack the other party in court or use such statements to take action against other parties.
ii. In case of any fraud committed by any of the parties to the dispute, it is agreed that LGL, its partners, employees, the Mediators on the LGL ODR Platform and the Case Managers shall not be liable for any issues, legal or otherwise, arising out of such fraudulent actions.