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Abstract

The advantages of mediation have often been understated. This is largely due to the disbelief in the rightfulness of settlement of disputes without a judge and the greed of procuring more money through hefty damages as opposed to minor settlements, and the inability to compromise due to resentment or lack of ability to communicate. While there may be instances that may go on to prove litigation and other forms of alternate dispute mechanisms as to be advantageous; the benefits that accrue from mediation stand out due to the low levels of risk involved in the process and the fact that it is can result in a win-win situation. Unlike litigation, or other forms of alternate dispute mechanisms, mediation involves the role of a mediator, or a neutral third party who merely assists to maximise mutual gain of the parties, and therefore, more often than not mediation ends up in making the entire process of settling disputes amicable for both parties. This paper highlights the impact of mediation and the various overlooked gains it has over other forms of dispute settlement mechanisms. It also looks into the substantive and procedural implications of various steps in the method of mediation ranging from the gamut of deciding and opting for mediation, till how to decide as to how a mediator ought to be selected and conclude a mediation so as to debunk the myth surrounding the forcefulness of mediation and the processes involved therein.

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