INTERNSHIPS REPORT

SUBMITTED BY
PRASHANT KUMAR
BA-LLB (H) FIRST YEAR
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
DEHRADUN (U.K.)


Acknowledgement
This report would not have been completed successfully without the
able guidance of incharge of mediation center Mr. Vijay Kumar Singh
who helped and guided me throughout this report and also supported
me in all the falls I came across in making this report of internship at
mediation center.
I am very thankful to Vijay Sir for his help and allowing me to do
intern in mediation center . I would also like to thank my parents and
staff of mediation center who gave me their valuable support in all the
ups and downs in the making of my report and research for the same .
Thanking you,
Yours faithfully,
PRASHANT KUMAR
UPES, DEHRADUN








INDEX
1. ACKNOWLEDGEMENT
2. INTRODUCTION
3. HISTORY OF MEDIATION
4. MEDIATION AND ITS TYPE
5. CASES SUITABLE FOR MEDIATION.
6. HOW DOES MEDIATION WORK
7. DIFFERENCES BETWEEN ARBITRATION AND MEDIATION
8. WHY TO CHOOSE MEDIATION
9. STEPS OF MEDIATION
10. CHARACTERISTICS OF MEDIATION
11. BENEFITS OF MEDIATION
12. CASES
13. CONCLUSION
14. SUGGESTION









INTRODUCTION
Mediation is a negotiation process in which a neutral third party assists the disputing parties in
resolving their disputes. A Mediator uses special negotiation and communication techniques to
help the parties to come to a settlement. The parties can appoint a Mediator with their mutual
consent or a mediator can be appointed by the Court in a pending litigation. Mediation always
leaves the decision making power with the parties. A Mediator does not decide what is fair or
right, does not apportion blame, nor renders any opinion on the merits or chances of success if
the case is litigated. Rather, a mediator acts as a catalyst to bring the two disputing parties
together by defining issues and limiting obstacles to communication and settlement.





Mediation is a non-adversarial process for resolving disputes.
The mediators assist participants to focus on the real issues of
the dispute, clarify misunderstandings, explore solutions, and
negotiate a settlement. Almost any sort of dispute can be
mediated, if both parties agree to discuss the issues. A good
example is parents who are divorcing and who want to
discuss a parenting plan for their children .




HISTORY OF MEDIATION-
The concept of mediation is ancient and deep rooted in our country. In olden days disputes used
to be resolved in a panchayat at the community level. Panches used to be called Panch
Parmeshwar.
Now we have grown into a country of 125 crore people and with liberalization and globalization,
there is tremendous economic growth. All this has led to explosion of litigation in our country.
Though our judicial system is one of the best in the world and is highly respected, but there is lot
of criticism on account of long delays in the resolution of disputes in a court of law. Now an
honest litigant is wary of approaching the court for a decision of his dispute. Hence, we have
turned to Alternative Dispute Resolution mechanisms.

Mainly mediation was firstly seen in U.S.A.

In India the legislature by the Code of Civil Procedure (Amendment) Act, 1999, amended section
89 of the CPC with effect from 1.7.2002 whereby mediation was envisaged as one of the modes
of settlement of disputes. The amendment in section 89 was made on the recommendation of the
Law Commission of India and the Justice Malimath Committee. It was recommended by the
Law Commission that the court may require attendance of parties to the suit or proceeding to
appear in person with a view to arrive at an amicable settlement of the dispute between them and
make an attempt to settle the dispute amicably. Justice Malimath Committee recommended
making it obligatory for the court to refer the dispute, after issues are framed, for settlement
either by way of arbitration, conciliation, mediation or judicial settlement through Lok Adalat. It
is only when the parties fail to get their disputes settled through any of the alternative dispute
resolution methods that the suit could proceed further. Thus section 89 has been introduced to
promote alternative methods of dispute resolution.




MEDIATION AND ITS TYPES
Mediation is first and foremost a non-binding procedure. This means that, even though parties
have agreed to submit a dispute to mediation, they are not obliged to continue with the mediation
process after the first meeting. In this sense, the parties remain always in control of a mediation.
The continuation of the process depends on their continuing acceptance of it.
The non-binding nature of mediation means also that a decision cannot be imposed on the
parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept
it.
Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker. The role of the
mediator is rather to assist the parties in reaching their own decision on a settlement of the
dispute.
TYPES-
1.FACILITATIVE MEDIATION-
The mediator endeavors to facilitate communication between the parties and to help each side to
understand the other's perspective, position and interests in relation to the dispute.
2.EVALUATIVE MEDIATION-
The mediator provides a non-binding assessment or evaluation of the dispute, which the parties
are then free to accept or reject as the settlement of the dispute.

It is up to the parties to decide which of these two models of mediation they wish to follow.

Mediation is a confidential procedure.
Confidentiality serves to encourage frankness
and openness in the process by assuring the
parties that any admissions, proposals or
offers for settlement will not have any
consequences beyond the mediation process.
They cannot, as a general rule, be used in
subsequent litigation or arbitration.


CASES SUITABLE FOR MEDIATION-
The working of the mediation centres has revealed that Suits for Injunction, Specific
Performance, Suit for Recovery, Labour Management disputes, Motor Accident Claims cases
and Matrimonial Disputes have met with a positive result during mediation.

As far as criminal cases are concerned, cases of harassment on account of dowry and cruelty
under section 406/498-A IPC and under section 138 of Negotiable Instruments Act are suitable
for mediation.


HOW DOES MEDIATION WORK-
The mediation process itself is structured so that persons unfamiliar with the process will quickly
become comfortable. At the mediation session each person has the opportunity to share their side
of the story and their thoughts about the situation. The parties then begin to work through the
issues they want resolved. The mediator will meet with everyone together and may also meet
individually with each side. This offers participants the opportunity to communicate to the
mediator their real interests in the dispute as well as to vent anger or frustrations outside the
presence of the opposing side. The mediator will work with each person until an agreement is
reached that is acceptable to everyone. The agreement is put in writing and signed by the people
involved, with the advice of their attorneys.

DIFFERENCE BETWEEN ARBITRATION AND
MEDIATION-
The differences between mediation and arbitration all stem from the fact that, in a mediation, the
parties retain responsibility for and control over the dispute and do not transfer decision-making
power to the mediator. In concrete terms, this means two things principally:
In an arbitration, the outcome is determined in accordance with an objective standard, the
applicable law. In a mediation, any outcome is determined by the will of the parties.
Thus, in deciding upon an outcome, the parties can take into account a broader range of
standards, most notably their respective business interests. Thus, it is often said that


mediation is an interest-based procedure, whereas arbitration is a rights-based procedure.
Taking into account business interests also means that the parties can decide the outcome
by reference to their future relationship, rather than the result being determined only by
reference to their past conduct.
In an arbitration, a party's task is to convince the arbitral tribunal of its case. It addresses
its arguments to the tribunal and not to the other side. In a mediation, since the outcome
must be accepted by both parties and is not decided by the mediator, a party's task is to
convince, or to negotiate with, the other side. It addresses the other side and not the
mediator, even though the mediator may be the conduit for communications from one
side to the other.
Naturally, in view of these differences, mediation is a more informal procedure than arbitration.


WHY TO CHOOSE MEDIATION-
1. Increased Satisfaction. In post-mediation surveys, parties indicate a very high level of
satisfaction with both the process and the results of the process. You can reach an
agreement that is of your own free will, not imposed by a judge or jury. Mediation has a
success rate of 85 percent to 95 percent.

2. Reduced future legal actions. Save time and money. Agreements created by the parties
are more satisfying to the participants and save additional court costs and legal fees.

3. Your feelings are heard. In a courtroom setting, judges do not hear the emotional
aspects of a case, because they are concerned with the legal facts. Mediation considers all
aspects of the case.


4. Informal. You may ask or answer questions without "objections".


5. Avoids time constraints. When in court or negotiating on the courthouse steps, the
rush to settle may force parties into agreements they later regret.

6. Reduced stress and fear. In mediation you are not cross-examined." You do not have to
get up on the stand and testify. Mediation is conducted in a relaxed atmosphere that
enhances the settlement process.

7. Liability may or may not be acknowledged. Does not set a precedent.

8. Increased Privacy and Confidentiality. The only record of the process is the agreement
(if one is reached). The mediation session takes place in a private location, unlike court
proceedings which are open to the public. The details of your case are not exposed, and
there is no public record of the process.

STEPS OF MEDIATION-
The Agreement to Mediate
Commencement: Request for Mediation
Appointment of the Mediator
Initial Contacts Between the Mediator and the Parties
setting up the first meeting
agreeing any preliminary exchange of documents
First and Subsequent Meetings
agreeing the ground rules of the process
gathering information and identifying issues
exploring the interests of the parties
developing options for settlement
evaluating options
Concluding.



CHARACTERISTIC OF MEDIATION-
Mediation is a non-binding procedure controlled by the parties.

A party to a mediation cannot be forced to accept an outcome that it does not like. Unlike
an arbitrator or a judge, the mediator is not a decision-maker. The mediator's role is,
rather, to assist the parties in reaching a settlement of the dispute.
Indeed, even when the parties have agreed to submit a dispute to mediation, they are free
to abandon the process at any time after the first meeting if they find that its continuation
does not meet their interests.
However, parties usually participate actively in mediations once they begin.
If they decide to proceed with the mediation, the parties decide on how it should be
conducted with the mediator.
Mediation is a confidential procedure

In a mediation, the parties cannot be compelled to disclose information that they prefer to
keep confidential. If, in order to promote resolution of the dispute, a party chooses to
disclose confidential information or make admissions, that information cannot, under the
Mediation Rules, be provided to anyone - including in subsequent court litigation or
arbitration - outside the context of the mediation.
Mediation's confidentiality allows the parties to negotiate more freely and productively,
without fear of publicity.
Mediation is an interest-based procedure

In court litigation or arbitration, the outcome of a case is determined by the facts of the
dispute and the applicable law. In a mediation, the parties can also be guided by their


business interests. As such, the parties are free to choose an outcome that is oriented as
much to the future of their business relationship as to their past conduct.

BENEFITS OF MEDIATION -
Disputes can be dealt with promptly.
It provides an opportunity to address the situation before the problem accelerate.
Parties control the outcome of the dispute. It provides a win win situation for both the
parties as they play an important role in formulating the terms of the settlement.
Improves relationship between disputing parties.
Creates a forum where disputes and issues can be heard and addressed by the parties with
the help of a neutral third party.
It saves money as the disputes are promptly settled or
if not settled are referred back to the court immediately.







CASES
1. MEDIATION CASE NO. XXXX/2012
A vs. B
CIRCUMSTANCES/MEDIATION
It was a matrimonial case where wife dont want to live with her husband .
Hence, mediators asked them to decide how they want to get divorce and what
would be the alimony to be given by husband to her wife. Thus, parties agreed that
husband will give her wife 1.25 lakhs rupees as alimony in two installment ,one of
Rs 60000 at the time of filing divorce petition in the court with their mutual
consent and other of Rs 65000 at the time of final decree. And mediator also told
both the parties that after this settlement all the cases between both the parties filed
against each other will be cancelled. Hence , this cases was finalized .


2. MEDIATION CASE NO. XXXX/2012
C vs. D
CIRCUMSTANCES/MEDIATION -
It was a matrimonial case in which wife and husband want to be separated by each
other . Both were married on 13-2-2002 and after three month of their marriage
they were living separately .Mediator suggested them to live together and then tell
what to do after seeing the behavior of each other . But both parties wanted to be
separated , thus , mediator asked what they want further and also asked from girl
what amount she want as alimony and asked from boy how much he can give .
After all these talks both the party agreed to settle the dispute in 5 lakhs rupees
which was to be given to wife in two installment one of Rs2.50 lakhs at the time of
final settlement and other of`Rs 2.50 lakhs at the time of filing divorce petition
before the concerned court . Mediator also told them that they have to file divorce
petition with mutual consent after which all the cases filed by either of them will
be cancelled and hence they would be separated from each .


Hence, the case was finalized.

3. MEDIATION CASE NO. XXXX/2012
E vs. F
CIRCUMSTANCES/MEDIATION-
It was a matrimonial cases in which wife dont want to live with her husband
because of his bad behavior .Both were married on 5-5-2005 and were separated
from 2008. But husband want her to take back. Mediator asked wife is she willing
to go with him or not , wife said that she will go but if her husband agree not to
do anything wrong with her . Hence mediator suggested both the party to live with
each other for few days and come back in mediation center after experiencing each
other behavior and then to decide what they want to do further. Hence , parties
agreed .Hence , they were given date of 18-5-2012 to come back . Hence , when
they came back on 18
th
may 2012 every thing was normal and both were very
happy with each other . Thus, both want to live together with each other . Hence ,
the cases was finalized.


4. MEDIATION CASE NO.-0465/2012
G vs. H
CIRCUMSTANCES/MEDIATION-
It was a matrimonial case of a muslim husband and wife .Both were married on 27-
3-2011 .Wife dont want to live with her husband because he is torture her and is
not caring about her . Hence, in previous interim settlement it was decided that
husband will give her wife 5 lakhs 50 thousand rupees till this date but husband
failed to bring DD of full amount due to bad financial condition , instead of agreed
amount he bought 4 lakh rupees DD. Mediator asked wife is she ready to accept it
or not. Wifes father and chacha was not ready to take this amount . Mediator
asked husband to give remaining amount as wife side was not ready and they want


mediation to be failed . Husband said that he will give further remaing amount but
he needs 6 month time. Hence, mediator suggested wifes side to give 3 month
time to husband to pay remaining amount and also asked them to file mutual
divorce petition in this time period. Hence parties agreed . Hence,final settlement
was made that the husband has given 4 lakh rupees DD on 19-5-12 with a post
dated check of 1.5 lakhs rupees . And was agreed to give 1.5lakhs DD on 18-7-12
when both the parties will file mutual divorce petition in family court,meerut. And
the check which is given today was to be returned to husband by wife when he
give her DD of remaining amount was agreed by wife. Thus , the case was
finalized and all other cases were cancelled against each other filed by either of the
parties.



5.MEDIATION CASE NO .-XXXX/2012
I vs. J
CIRCUMSTANCES/MEDIATION-
It was a matrimonial case in which husband beats her wife and send her out of his
house . So,wife leaved her and came to her fathers house . And wanted to leave
her husband . But husband wants to take her back. Mediators suggested both the
parties to go together and live together for some day and observe each other and
see if there is possibility to continue living with each other then come in mediation
center in next date and tell otherwise then give any other way with they want .Both
the parties agreed and the date was given i.e. 8-7-2012 at 11 a.m. .



6.MEDIATION CASE NO. 1040/2012
K vs. L


CIRCUMSTANCES /MEDIATION-
It was a matrimonial case in which husband was not coming from two dates .
Hence, Mediator called the counsel of husband for inquiry . He informed that his
client is not present because of the illness of his father and wants one more date to
be present in Mediation. Mediator asked the other party they agreed to give one
more date hence the date was given i.e. 3
rd
June ,2012.


7. MEDIATION CASE NO.- 1369/212
M vs. N
CIRCUMSTANCES/MEDIATION-
It was a matrimonial case in which wife dont want to live with her husband
because he beats him and doesnt believe her. They were married on 27-09-2009
and were separated on 7-05-2011. Husband was a captain in Indian Army and the
wife was Asst. professor in a college at Ghaziabad. The matter was started when
husband filed a suit of restitution of conjugal right against her wife. Mediator
talked both husband and wife separately and asked what they want , husband said
that he want to settle dispute and live with her happily and wife said that she also
want to settle dispute but with some condition so that she may feel secure living
with her husband . the condition were as she wanted that her name to be written in
her husbands property as 2
nd
party and other condition was that she wanted that
her husband shall open a joint account in which he save his 50% salary for his wife
so that she may feel secure . Firstly husband was not ready but after long
discussion with her wife separately and with mediator both the parties agreed to
live together with each other for one month and during this time period husband
will fulfill all the condition of her wife . Thus, the next date was given i.e. 15-07-
2012.





8 . MEDIATION CASE NO.-1403/2012
O vs.P
CIRCUMSTANCES/MEDIATION-
It was a matrimonial case in which wife wanted to leave her husband because he
beats her and leave her out of his house and also doesnt give any amount to her for
her use . They were married in 2008 and were separated from each other since 2
years . they had a child of 1.5 years .Mediation held separate session and asked
husband what he wants he told that he want to take her back and also told that
wifes parents always say negative thing about him . So, he want that they do not
come to his house . Husband agreed that he beats her wife and he also told that
wife was having a child of six month after her marriage of 3 month which is not
possible then also he accepted her . On asking to wife she said that she will go
back only if husband will give her money and stop beating her . Mediator
suggested wife to go with her husband and live for him till one month and she his
behavior and come back in next date and tell how she spent her time. Both the
parties agreed to live together and observe each other behavior. Further husband
kept two condition that when he goes for vidai of her wife on 27-05-2012 , no one
should comment on him and no one should fight with him. Hence it was agreed by
wife and the date was given i.e.17-07-2012.



9.MEDIATION CASE NO. -3361/2011
Q vs. R
CIRCUMSTANCES/MEDIATION
It was a matrimonial case in which husband and wife were living together since 7
month which was decided in previous interim . In this date husband was present
but wife doesnt came . Husband told that his wife is happy and not willing to


come here . So, he requested next date to be given for final settlement . Mediator
accepted and given date i.e. 4-07-2012.



10.MEDIATION CASE NO. 1214/2012
S vs. T
CIRCUMSTANCES/MEDIATION-
It was a matrimonial case in which wife doesnt wanted to live with her husband.
Hence, further date was given to decide and to be present today i.e.23-05-2012.
Wifes father was present .But the husband was not present , his counsel was their
who said that husband was not present due to some departmental training in
Dehradun . Thus, he wants one more date . But wifes father said that husband
tried to break the settlement of her younger daughter and also always give them
damki etc. Hence, wifes father doesnt want further mediation . Thus, mediator
failed the medition and sent case back to the concerned court.












CONCLUSION
Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way
of resolving disputes between two or more parties with concrete effects. Typically,
a third party, the mediator, assists the parties to negotiate a settlement. Disputants
may mediate disputes in a variety of domains, such as commercial, legal,
diplomatic, workplace, community and family matters.

The mediation process of AHCMCC is beneficial as it is a court annexed
mediation . In court annexed mediation the mediation services are provided by the
court as a part and parcel of the same judicial system as against court referred
mediation, wherein the court merely refers the matter to the mediator. When a
judge refers a case to the court annexed mediation service , keeping overall
supervision on the process, no one feels that the system parts with the case. The
same lawyers who appears in a case retain their briefs and continue to represent
their clients before the mediators within appear in a case retain their briefs and
continue to represent their clients before the mediators within same set-up. The
litigant feels that they are given an opportunity to play their own participatory role
in the resolution of disputes . This also give a larger public acceptance for the
process as the sane time tested court system , which has acquired public confidence
because of integrity an impartiality, retains its control and provides an additional
service . It ensures the feeling that mediation of the case between the court and the
mediator faster and purposeful. Again , it facilitates reference of some issuses to
the mediation leaving others for trail in appropriate cases. Court annexed
mediation gives feeling that courts own interest in reducing its case load to
manageable level is furthered by the mediation. Court annexed mediation thus
provides additional tool by the same system providing continuity to the process,
and above all, court remains a central institution for the system. This also
establishes a public private partnership between the court and the community . A
popular feeling that court works hand in hand with mediation facility produces
satisfactory and faster settlements.



Suggestion
1. Mediators should not be rude as I saw that in some cases mediators
get annoyed and become rude.


2. Counsel should be kept away from the mediation as they sometime
stop parties to think freely and decide their own benefits just
because if the parties will compromise they will lose their cases
and that will stop their earning.