Alternative Dispute Resolution
Objectives of ADR
- Cost Savings for parties and Courts.
- Early resolution of disputes.
- More satisfying procedure for disputes resolutions.
- Outcome that reflects the parties interests and values.
- Litigant's satisfaction and compliance with result.
- Finality of resolution of disputes.
- Win-win situation and preservation of relationship.
- Reducing backlog and freeing judicial resources.
Contact Information
The Tamil Nadu Mediation & Conciliation Centre
The Tamil Nadu Mediation and Conciliation Centre inagurated by The Hon'ble Justice Y.K. SABHARWAL, Judge, Supreme Court of India, on 9th April, 2005 as a part of the Madras High Court in the presence of The Hon'ble Thiru. Markandey Katju, Chief Justice, Madras High Court, the Chief Patron and the The Hon'ble Thiru. Justice M.Karpagavinayagam, The Hon'ble Thiru. Justice P.Sathasivam and The Hon'ble Thiru. Justice C.Nagappan , Judges, Madras High Court are the partrons.
The Centre is located at the ground floor of the western wing of the High Court buildings.
Basic Concepts of ADR
What is Mediation ?
Mediation is a process in which a mediator, a neutral third party, helps the parties to the dispute to reach a settlement by identifying their long term interests and exploring their options in peaceful manner.
Why Mediation ?
Mediation is a process which saves time and costs and helps to preserve personal and business relationships. The power to make decisions is retained by the parties. It is a confidential process .
In which cases is Mediation Suitable ?
- Commercial,
- Contractual,
- Family,
- Business,
- Partnership disputes amongst others are suitable for mediation. In these cases long drawn out litigation can have severe adverse impacts.
What does the Tamil Nadu Mediation and Conciliation Centre Do ?
The Tamil Nadu Mediation and Conciliation Centre has been set up by the Madras High Court to facilitate the settlement of disputes pending in courts. It has a panel of trained mediators who will mediate cases referred by the Court. It is the first Centre of its kind in the country which is set up by, and housed in, the Court to handle Court referred cases
How Does this Work ?
The High Court will refer appropriate cases for mediation to the Centre under Section 89 of the Code of Civil Procedure. A mediator from the Centre's panel will be appointed to mediate the dispute. If settlement is reached this will be reported to the Court and the Court will pass suitable orders in terms of the settlement. If settlement is not reached the Court will hear and dispose of the matter in its usual course.
What is the Role of Lawyers during Mediation ?
Lawyers render their professional service of assisting their clients during the mediation process. They protect their client's rights and also promote the clients's interests in reaching a good settlement. Lawyers can also be trained to become effective Mediators .
