Who can be a Mediator?

 A Mediator is a person who acts as a facilitator to resolve the disputes between two or more warring parties.

And, yes, you heard it just right. Even you can be a Mediator and make yourself a

very significant part of the Judiciary.

As per the prevailing rules, in force at various regions of the world, the following eligibility are more or less required to become a mediator :-

(i)           Person may be a retired High Court Justice;

(ii)          Person may be a retired District Judge;

(iii)        Person may also be a sitting judge/Judicial Officer;

(iv)         One may be an Advocate of a certain years of standing at the bar (10 to 15 years in India);

(v)          One may be a distinguished person of the society having expertise in any recognised subject matter like Medicine, psychology, Engineering, Accountancy etc. etc.  for about 10-15 years;

(vi)         A qualified person must undergo 40 hours Mediation training before acting as a  Mediator;

(vii)       A qualified Mediator must not be having conflicting personal interest in the particular case in which he will be mediating, meaning thereby, that a person must not be a judge, Advocate or connected in any other manner with a matter in which he intends to mediate;

(viii)     Citizenship is not a bar to act as a mediator in any case;

(ix)        Besides these, some institutions now-a-days are also engaged in the field of mediation and institutional mediation is gaining popularity day by day, especially in case of international mediations and commercial disputes;

(x)          Last but not the least the person who wants to act as a mediator must have a passion for the subject and must not choose the field as an way of earnings;

However, earning should not be a matter of concern for a successful Mediator. A Mediator in U.S.A. earns about $75,000/- on an average per year.

As secrecy is a sine–qua-non in any mediation proceeding, so, that much of ethical value is ordinarily expected from a Mediator.

As per the Hon'ble Calcutta High Court Mediation Rules "No mediator shall be held liable for anything bona fide done or omitted to be done by him during the mediation proceedings for civil or criminal action nor shall he be summoned by any party to the suit to appear in a court of law to testify in regard to any information received by him or action taken by him or in respect of drafts or records prepared by him or shown to him during the mediation proceedings."

There are several organisations and institution, which impart training and certify the trained Mediators. In my next blog I shall give you the details, about some of those institutions, their course module, training fees etc. etc.

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Disclaimer :- This is a free tutorial blog made only for the purpose of educating the concerned students. This creator does not claim any right over the pictures, photos, explanatory video clips and/or diagrams used in this video and they belong to their original creator(s). This creator never intends to infringe the copyright of any original artwork and the pictures, photos, diagrams used in this video are only for the educational purpose, completely free of cost. 

Disclaimer - This article is for educational purpose only. Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favour of fair use.

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