Tiêu đề ADR Question No 4.pdf ✅

ALVI LAW ASSOCIATS 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ADR you can watch lecture of this question from here. https://youtube.com/playlist?list=PLXTPClsX2hdBTYAdNL1vmvQ RCjRDU49UY&si=QndPP2AC4nW_2EVm Question # 04: Write a detail note on the concept of application and scope of mediation, advantages of mediation and Role of mediator ADR proceeding? (This Question is from 3rd Topic of the Outline) 1. INTRODUCTION: In Alternative Dispute Resolution one of the major techniques for resolving disputes is mediation. Mediation is a process where a neutral third party, called a mediator, helps two or more people in a conflict find a mutually acceptable solution. Unlike a judge or arbitrator, the mediator does not make decisions for the parties. Instead, they facilitate communication and negotiation, ensuring that everyone has a chance to express their views and
interests. This process is often quicker, less formal, and less expensive than going to court. 2. MEANING OF MEDIATION: According to Oxford Dictionary of law: “A form of Alternative dispute resolution in which an independent third party (mediator) assist the parties involved in the dispute or negotiation to achieve a mutually acceptable resolution of the points of conflicts.” 3. DEFINITION OF MEDIATION: • Mediation is defined by the American Bar Association as "a private process where a neutral third person called a mediator helps the parties discuss and try to resolve the dispute. The mediator does not have the power to make a decision for the parties, but rather assists them in reaching a mutually acceptable resolution". 4. CONCEPT OF MEDIATION: Mediation is a way to resolve disputes where a neutral third person, called a mediator, helps the parties involved communicate and find a solution that both sides agree on. The mediator doesn’t make decisions but helps guide the conversation. ✓ Example: Consider a family dispute where siblings are arguing over how to divide their late parent's estate. Wajeeh Ahsan Alvi wants to sell the family home, Badeeh Ahsan Awan wants to keep it for sentimental reasons. They decide to try mediation instead of going to court. The mediator helps them explore their emotions and practical needs. After discussions, they agree that Badeeh will buy out Wajeeh’s share of the house at a fair market price. This way, Badeeh Ahsan can keep the house, and Wajeeh Ahsan receives her share of the inheritance. The mediation helps them avoid a lengthy legal battle and preserves their relationship.
5. APPLICATION AND SCOPE OF MEDIATION: The application and scope of mediation is very vast and we can discuss the application and scope of mediation with the help of following headings. • Family Disputes: Family disputes, such as divorce, child custody, and inheritance issues, can be resolved through mediation. A neutral mediator helps family members communicate and work towards a solution that meets everyone's needs. Mediation avoids the emotional and financial strain of court battles and fosters cooperation. • Workplace Conflicts: Workplace conflicts between employees or with management can disrupt productivity. Mediation provides a confidential setting to discuss issues like job performance and workplace behavior. It helps organizations find amicable solutions, maintaining a positive work environment. • Business Disagreements: Business disputes between partners, suppliers, or clients over contracts and payments can be resolved through mediation. This process clarifies misunderstandings and negotiates terms acceptable to all parties, preserving business relationships and offering a quicker, cost- effective resolution. • Community Disputes: Community disputes, such as conflicts between neighbors or local organizations, can create tension. Mediation provides a platform for open dialogue, helping parties understand each other and find common ground, promoting harmony and cooperation within the community. • Educational Conflicts:
Conflicts in educational settings, like disputes between students, parents, and teachers, impact the learning environment. Mediation addresses issues such as bullying and disciplinary actions by facilitating constructive discussions, creating a supportive atmosphere conducive to learning. • Environmental Issues: Environmental disputes involving government agencies, businesses, and community groups can be resolved through mediation. It helps negotiate solutions to issues like land use and pollution, balancing environmental protection with economic and social needs. • Healthcare Disputes: Healthcare disputes, including treatment plans and medical malpractice claims, can be complex. Mediation offers a confidential environment for patients, families, and providers to discuss concerns and reach a satisfactory resolution, maintaining trust and communication. • Consumer Complaints: Consumer complaints over product quality and service delivery can be efficiently resolved through mediation. It facilitates direct communication between consumers and businesses, addressing grievances and finding fair solutions, enhancing customer satisfaction. • Neighbor Conflicts: Neighbor conflicts over property lines, noise, or shared spaces can lead to tension. Mediation allows neighbors to discuss issues calmly and find mutually agreeable solutions, maintaining good relations and a peaceful living environment. • International Disputes: