Mediation
Mediation is a process where a neutral third party, the Mediator, assists the parties to resolve a dispute/issue and reach an agreement. The neutral Mediator does not impose a decision, plays the role of a facilitator, eases out issues and helps parties reconcile. Decision-making authority rests with the parties. A mediated settlement is a consensual outcome. The agreement is reached by the parties themselves. All communications are secure web based communications via Case Message Board and Online Chat. The Mediator may communicate with parties separately or simultaneously. The settlement may by binding or non binding depending on the desire of the parties. In the event the parties wish the settlement to be binding, it can be drawn into a legally binding agreement.
Duration for this process is 14 days. Number of days left for each case will be indicated on the Case Message Board. If extension is required, parties may request for extension upon expiry of duration.
Before mediating, arm yourselves with the tips provided under Negotiation & Mediation Tips for a successful mediation.
This is how it works
1. A person who wants to mediate a certain issue/dispute
clicks on “File a Case”
2. He will be presented with registration form asking him
his name, address, telephone number, email and the username
and password that he would like to use for this case.
3. Once he registers, he will be presented with a “First
Party form”. On this form the following details need
to be stated
2nd Party’s email address
Brief account of dispute, issue or grievances. What he seeks
to achieve, including any monetary value if relevant
Mode of Resolution – Mediation
Choice of Payment - 1st Party, 2nd Party or Both Parties.
Please see “Fees” for further information and
what it is about.
4. After submitting this form. The 2nd Party will receive an email informing him/her that he/she has received a request from 1st Party to resolve a dispute via ODR INDIA.
5. The 2nd Party registers his name, address, telephone number,
email and the username and password that he would like to
use for this case.
6. Once he registers, he will be presented with a “Second
Party form”. This form will contain the issues stated
by 1st Party. On this form the following details need to be
stated by the 2nd Party:
Brief account of dispute, issue or grievances. What he seeks
to achieve, including any monetary value if relevant
Whether he agrees or disagrees to use ODR INDIA’s Mediation
service
If the 2nd Party disagrees, the case
is closed
7. If the 2nd party agrees, parties are sent an email informing
them that parties have agreed to mediate and that the case
has been forwarded to a Mediator to agree and respond.
If no mediator is willing to take up
the case, the case is closed.
8. Once the Mediator agrees to take up the case, parties are
sent an email informing them that a Mediator has been assigned
and to make the required payment before proceeding. Depending
on which payment is selected, 1st Party, 2nd Party or Both
parties make the required payment.
9. Once payment is made, both parties are sent an email containing
the Mediators name and email address and the parties login
and password details to use the ODR INDIA secure web communications.
10. Web Communications consists of Message Board and Online Chat. All statements and correspondence takes place only on the Message Board or on Online Chat.
Message Board
Statements, facts, information, texts and all correspondence will be posted on the Message Board.
The party's message board will have 1 check box
For 1st party the check box will be " 2nd party can view it
For 2nd party the check box will be "1st party can view it
Please make sure you check this box whenever you post a message unless the Mediator advises you otherwise.
If this is done both parties and the Mediator will be able to view the messages.
If you want to communicate with the Mediator privately, do not check the box. This will make it a private message between you and the Mediator.
Once a message is posted by the other party or the Mediator you will receive an email alert informing you that a message has been posted.
You will proceed to Message board, view the messages and respond.
Online Chat
If you wish to have a simultaneous conversation online with the other party and the Mediator please use Online Chat. The Mediator, with consultation with both parties, will fix a suitable time to come online together and correspond via Online Chat.
11. The Mediator will post an opening statement on the Message Board informing the parties on how to go about with the Mediation. All communications between the parties and the Mediator will be either on the Message Board or on Online Chat.
12. The mediation process is for a period of 14 days. If parties
wish to continue after the 14 days period they can apply for
extension.
ODRINDIA does not guarantee a settlement.
For any further information please contact odr_info@odrindia.com
