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Can I resolve a property dispute through mediation in India?

Can I resolve a property dispute through mediation in India?

Published At June 14, 2024

Answer

Yes, you can resolve a property dispute through mediation in India. Mediation is a part of Alternative Dispute Resolution (ADR) mechanisms, which also include arbitration and conciliation. This approach is often preferred because it is more cost-effective, quicker and less adversarial than traditional litigation.

Under Section 89 of the Code of Civil Procedure, courts are empowered to refer cases to mediation if there is a possibility of settlement. This legal framework supports the use of mediation to resolve property disputes, where a neutral third-party mediator assists the disputing parties in reaching a mutually agreeable solution. This process is particularly useful when emotions and personal relationships are involved, as the mediator can facilitate communication and negotiation​.

For those looking to resolve property disputes without court in India, mediation offers a practical and effective alternative. It is important to engage a qualified mediator who can guide the process and help both parties understand the issues and potential compromises. In summary, mediation is a viable and often preferred method to resolve property disputes in India, providing a structured, efficient and less adversarial alternative to court litigation.

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