Mediation On The Table

MEDIATION IS YET TO BECOME THE PREFERRED CHOICE FOR CORPORATE DISPUTE RESOLUTION, BUT PERSPECTIVES ARE CHANGING

- VIJAYALAKSHMI SRIDHAR

HOW IT HAS EVOLVED

2002 Section 89 of the Civil Procedure Code amended to include mediation as a solution to workplace disputes

2005 Mediation and Conciliation Project Committee established by the Supreme Court to oversee implementation of mediation outcomes

2018 Section 12 A introduced as an amendment to the Commercial Courts Act 2015, making it mandatory for parties to opt for mediation before filing a suit; Mediation settlements allowed to have the effect of a civil court order or arbitration award on agreed terms

A Bollywood celebrity checked into one of the popular spa chains in the airport for a shoulder mas sage. In the middle of the massage, she called off the session and made a distress call to the police, claiming that the masseuse touched her inappropriately. The police immediately sealed off the spa. Soon, both parties got into a long-drawn, intense legal wrangle. With no solution in sight, the case was eventually referred for mediation. The mediator reviewed the case, listened to the two sides — the spa owner didn’t want to take a hit on the brand’s image and the celebrity wanted to avoid publicity on the topic. The mediator suggested that instead of a long-drawn trial, the owner could pay a compensatory fee for the inconvenience and trauma caused to the celebrity by the spa employee’s behaviour. Both parties found the verdict reasonable and the case was settled amicably.