Mediation: An Emerging Moonlighting Option For Professionals

India is encouraging alternative dispute resolution (ADR) mechanisms, including mediation, as it aims to reduce the burden on the judiciary and provide timely dispensation of justice to the citizens.

The country’s Parliament recently passed the Mediation Bill 2023 with an aim to facilitate mediation for resolution of disputes.

India’s upper house of the Parliament, Rajya Sabha, passed the Mediation Bill on 1 August, followed by the lower house of the Parliament, Lok Sabha, on 7 August, to enact a standalone law on mediation.

The Mediation Bill aims to promote, encourage and facilitate mediation for resolution of disputes, commercial or otherwise and enforce mediated settlement agreements and establish the Mediation Council of India.

“It is the endeavor of the government that judiciary and legislature work together for encouraging adoption of ADR mechanisms, including mediation, for early resolution of disputes,” according to Law Minster Arjun Ram Meghwal.

Mediation

Mediation is an informal process in which a neutral third-party, working as a mediator, helps the aggrieved parties to reach a mutually acceptable resolution to resolve their differences.

Implication For Professions

The passage of the Mediation Bill opens the door for professionals to explore an alternate career option along with their core practice areas.

Becoming a mediator can offer several benefits, especially when pursued alongside a core career in India. Such professionals can also choose to be a full-time mediator after gaining substantial knowledge and experience.

It's important to note that becoming a mediator typically involves training, certification and continuous learning.

While mediation can offer numerous benefits, it's crucial to thoroughly research the requirements and expectations in your jurisdiction and the specific field of mediation you're interested in pursuing.

Advantages

The potential benefits of becoming a mediator includes part-time endeavor, diversification of skills, higher income potential, flexible schedule, professional growth, networking opportunities, conflict resolution skills, personal development and professional reputation.

Part-Time Endeavor

• Mediation can be pursued on a part-time basis alongside your core career. This means you can gradually build your mediation practice, while maintaining stability in your primary career.

Skill Diversification

• Mediation requires strong communication, negotiation, and conflict resolution skills. Developing these skills can enhance your abilities in your core career and other aspects of your life.

Higher Income Potential

• Mediation can provide an additional source of income. As a mediator, you can charge fees for your services that can be a valuable supplement to your primary earnings.

Flexible Schedule

• Mediation often allows for a flexible schedule, which can be beneficial for those who want to balance their core career with other commitments or responsibilities.

Professional Growth

• Becoming a mediator can contribute to your professional growth by expanding your expertise and credibility. It can open up opportunities for you to work with various clients and industries.

Networking Opportunities

• Mediation often involves working with diverse individuals, including lawyers, business professionals, and community members. This can lead to valuable networking opportunities that may benefit your core career as well.

Conflict Resolution Skills

• The conflict resolution skills you develop as a mediator can be directly applied to your core career. Being able to handle disputes and disagreements effectively can make you a more valuable employee and professional.

Personal Development

• Mediation can be personally rewarding, as it requires empathy, active listening, and understanding of various perspectives. These qualities can contribute to personal growth and self-awareness.

Professional Reputation

• A successful mediation practice can help you build a solid professional reputation as a skilled mediator, which can open doors to various opportunities and collaborations.

Mediators play a crucial role in resolving conflicts and disputes, contributing to a more harmonious society. This sense of contributing to the greater good can be personally fulfilling.

The demand for mediators and the acceptance of mediation as a dispute resolution method can vary across industries and regions in India. Therefore, it's essential to assess the market and opportunities in your area.

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