Mediation

A confidential, guided conversation to settle the dispute without a hearing. An independent mediator helps both sides reach terms they can both sign. Nobody is forced to agree.

When it works best

• You want to keep the business relationship.
• The facts are mostly agreed and the argument is about money or next steps.
• You want an outcome in weeks, privately, at a known cost.

Step by step

1. Mediation is proposed after the legal notice. The respondent is asked to agree. Nothing is ticked for them; they choose “I agree to try mediation” or “I don’t want mediation”.
2. Each side pays its share of the mediation fee. If the respondent declines, or doesn’t agree in time, your fee is refunded to your wallet with a credit note.
3. A mediator is appointed automatically. The closest match from the panel by subject, language, experience and availability is offered the case. If they decline or don’t respond in 48 hours, the next match is offered.
4. The mediator files a disclosure confirming any relationship with the parties, their advocates or JuriCloud. Either side can object if there is a conflict.
5. Sessions are held online. The mediator may meet both sides together or separately. Proposals and counter-proposals are exchanged in Stamp.
6. If you settle, the agreed terms are drawn up as a settlement agreement, e-stamped, and signed by both sides with Aadhaar eSign. Instalments, if any, are tracked.
7. If you don’t settle within the time limit, mediation ends and either side can start arbitration.

Confidentiality

• Everything said, offered or shared in mediation is confidential.
• It is never shown to an arbitrator, and it can’t be used as evidence later.
• The mediator’s access to the case ends when mediation ends.

The settlement

A settlement agreement signed by both parties and authenticated by the mediator is binding. Under the Mediation Act, 2023 it can be enforced like a court judgment, and challenged only on narrow grounds such as fraud or impersonation.

Questions

Can I leave mediation?

Yes. Either side can end mediation at any time. The case can then go to arbitration.

Does the mediator decide who is right?

No. The mediator helps you find terms. Only an arbitrator decides.

What if the mediator was involved with the other side?

They must disclose it before acting. If it creates a conflict, a different mediator is appointed.

Draft for legal review. Conducted under the Mediation Act, 2023 and the Stamp ODR rules.