Mediation is a process in which a neutral third person (Mediator) tries to end a disagreement by helping the two sides to talk about and agree on a solution.

There are multiple advantages of going for mediation, however the biggest advantage of mediation is that the disputing parties themselves find the mutually acceptable solution to their dispute. This in effect saves a lot of time, cost and efforts compared to the usual litigation process.

With the help of the Mediator, the parties can solve the dispute and can do the amicable settlement creating a win-win position for both the parties. Moreover this process is much cheaper and requires comparatively much less time to settle. In arbitration or in a law suit, only one party can be satisfied, where as in Mediation both parties create a mutually agreeable settlement and thus both get satisfied.

Mediation is a voluntary process for dispute resolution, whereas arbitration is done only on the order of the court or as per the terms of the agreement. The major difference is that in arbitration or in a law suit, only one party can be satisfied, where as in Mediation both parties create a mutually agreeable settlement and thus both get satisfied.

The interaction with the parties and the exchange of documents at the time of mediation is always kept confidential. The basic rule for mediation is confidentiality. The mediator is supposed to keep all the information collected from the parties either verbally or otherwise, completely confidential. Moreover, as per the law any information produced or said at the time of mediation is not accepted as a proof for any future legal cases.

The mediation process is broadly divided into two phases: 1) The Pre mediation preparation involves the appointment of the mediator, pre-mediation meetings and conferences with the parties and the pre mediation submissions and 2) The actual mediation process involves the opening statement, joint mediation session and the actual negotiation of the terms of settlement.

Any of the disputing parties can quit mediation at any point of time, before signing the final agreement. This makes mediation an entirely voluntary process with the parties having a freedom to quit at any point of time.

This is the first question in the minds of most of the disputing parties. The mediator does not take any decision or does not pass any judgement during the mediation process. In fact he does not have the authority to do so! The mediator helps find a common ground between both the parties, often by thinking outside the box, but it is the parties who then decide the exact terms of the settlement agreement in mediation.

Papillon always encourages the legal advisers of both the parties to be present during the mediation process. The important legal points can be discussed right across the table, in front of and in immediate consultation with the legal advisers. Since the legal advisers help in making the final draft for the settlement agreement, it is always very beneficial if they are present during some or all of the mediation sessions.

When one of the parties appoints a mediator to try and solve the dispute at hand, they have to sign the mediation agreement document mentioning their willingness to mediate. Then, on behalf of the mediation firm, some person (mostly the case manager or the co-mediator appointed) approaches the other party, explains the advantages and details about the mediation process and tries to convince them to come on the table for mediation.

If the pre-mediation preparation is done with a lot of efforts, the average time for completing the mediation is not more than 2 – 3 mediation sessions. The time taken for mediation mainly depends on 1) the complexity of the issue in dispute and 2) the co-operation of the disputing parties

The exact fees of mediation at Papillon, vary from case to case mainly depending on 1) the complexity of the issue, 2) time spent to solve the issue and mainly 3) the commercial value of the dispute at hand. The fees are usually divided into two buckets – A) Fixed Fee (usually per day / per session of mediation) and B) A success fee which is usually structured as a % of the financial benefit to the related party / parties.

The disputes that we at Papillon usually handle for mediation are broadly classified as business / commercial disputes, shareholder / partnership disputes, housing & property disputes, intellectual property disputes, family / divorce disputes, medico-legal disputes, labor / industrial disputes etc.

Papillon has been an established name in various businesses for last 30+ years which adds great value in terms of credibility, ethics and trust. Our founding partner – Dr. Vinay Koparkar  comes with diverse qualifications and brings his enormous business experience and his top-notch mediation certifications on the table. Our second partner, Mr. Aniket Koparkar is an MBA in Finance from the Indian School of Finance and has experience in investment banking at Deutsche Bank before gettting into entrepreneurship himself.  At Papillon we apply very scientific and proven negotiation techniques called as ‘principled negotiations’ which helps us achieve a very high success rate. The professional backgrounds of the partners and our subject matter experts, coupled with the scientific approach to mediation is what makes us unique and special !

Yes. One can opt for mediation in pre litigation stage as well as when the dispute is in court.

Yes. Mediation is legally allowed and recognized as one of the alternate dispute resolution mechanisms under the Arbitration and Conciliation Act 1996. The mediation settlement agreement is enforceable by law and once approved by court has equal status as a court decree.

When the disputing parties reach a settlement in mediation, the terms of the settlement are written and signed by both parties. This agreement then forms a binding contract. If the case is pending in Court, these mutually agreed settlement terms are filed in Court for approval and a court decree is passed, which is FINAL and NON-APPEALABLE. In case of pre-litigation mediation, several options are available to obtain enforceability and the parties with their lawyers may choose the most suitable option.

The mediation settlement agreement is a binding contract can be enforced like any other enforceable contract in the court. If the settlement agreement has been signed in a case which was already pending in the court, then such an agreement is considered as a court decree and the party not following the terms of the settlement shall face serious legal consequences.