Alternate Dispute Resolution Centre
Mervyn Jussy, Centre Director (left), K.R. Sankaran, lawyer and Consultant (centre), and N.V. Sreejaya, Advocate and Consultant, at the Alternate Dispute Resolution Centre in Coimbatore.For those having a dispute or a grievance with somebody to be solved, but do not like to take it to court for avoiding all the hassles it entails, the conventional method has been the most oft quoted “out of court settlement.” Mediators call the parties together and give them an opportunity to tell their side of the story.But, here is a method which is legal, but still does not entail trips to court, high costs and ensures quick solutions – mediation. Termed as an “alternate method of dispute resolution”, this is still in its infancy in India, and is yet to take off in the proper manner in Coimbatore. In order to make people aware that such a concept existed, the Alternate Dispute Resolution (ADR) Centre in Coimbatore was started a few months back by Mervyn Jussy, who is the Centre Director.
Mediation is nothing but inviting the parties concerned and resolving the dispute by negotiations.“Parties can come for mediation when the litigation is in court or can do so even before going to the court. Once the mediation process fails, the parties can go to court. Hence, it is an alternate method. Once the parties agree to mediate, the ADR centre nominates a mediator based on the nature of the dispute and the level of expertise required and starts the mediation sittings,” says Mr. Mervyn.
Lawyer and Consultant of the centre N.V. Sreejaya says mediation provides free access to explore many options and can be used as a first hop. “Chartered accountants, doctors, architects, etc., can work as mediators once they are trained. They will be best suited to handle claims, medico-legal and construction-related disputes. Mediators call the parties together and give them an opportunity to tell their side of the story. The face-to-face interpersonal and transparent approach helps break the ice and one gets to know why the other did something.”
Another lawyer and consultant of the centre K.R. Sankaran says that it is a wrong notion that litigation is the only means to finding solutions to disputes. “It is only a decree or order of the court; it does not necessarily have to be a solution that satisfies the parties concerned. Mediation, on the other hand, can be used as a useful tool to provide solutions that will make the parties satisfied.”
Mediation also ensures that they do not have to wait for court hearings, do not have to part with court fee amounting to 7.5 per cent of the claim, and the lawyer fee. With an initial fee paid to the centre and the mediator’s fee that is shared by the disputing parties, the process is set in motion.
The trio agree that the success of mediation lies entirely in the hands of the parties. If they are co-operative and keen to solve the dispute, then it requires only that much time. If the process fails, then the parties can go for litigation. If the parties resolve their differences, the mediator draws out a settlement agreement, which is submitted in the court and the Judge passes it as an order.
A champion for mediation, Ms. Sreejaya says that those coming in with family disputes and corporate claims are the most benefited. The centre does not entertain disputes connected with crime, because “money cannot be used as compensation and sometimes involves punishment.” With all this, if one thought it is popular and most sought after, then it is a misconception. The centre personnel say that there is much apprehension even among lawyers. For the layman to wake up to its advantages it will take that much time. Contact 99525-06720 or visit the centre at No. 1, Sreetham Square, Sivaram Nagar, South Enclave, Coimbatore – 641045, for information.
