Priyesh Kumar, Symbiosis Law School, Hyderabad
ABSTRACT
Contemporary dispute resolution by traditional courtroom litigation often results in adversarial relationships, thereby burdening the parties with high emotional, financial, and social costs. Mediation, on the contrary, delivers a better constructive substitute by fostering collaboration and understanding between the disputants. It is a process which rests on dialogue and mutual respect and encourages disputing parties to adopt cooperation in finding mutually beneficial outcomes for all, instead of deepening the rift between them. This paper is an attempt to address the potential benefits of mediation in building bridges between individuals and communities, avoiding any kind of possibility of hostility and mistrust, thereby also complying with the particular demands and values of the parties. Further, the study also delves deeply into the contemporary legal developments happening from time to time and advantages and drawbacks of mediation in various types of cases, in order to develop a complete understanding of the practical implications of mediation in real life. Ultimately, it has been argued that mediation as a preferred method of conflict resolution should be embraced for offering a way forward to reconciliation, understanding, and sustainable peace.
Keywords: Collaboration, Dialogue, Mutual, Cooperation and Reconciliation.
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