Here are some notes on the mediation process under the Consumer Protection Act, 2019:
- Mediation is a process where a neutral third party, called a mediator, helps the parties to a dispute reach a mutually agreeable settlement.
- Mediation can be used at any stage of the Consumer Protection Act, 2019, including before a complaint is filed, after a complaint is filed but before it is decided, or after a complaint is decided but before an appeal is filed.
- The Consumer Protection Act, 2019, encourages mediation and provides for a number of benefits to parties who mediate their disputes, including:
- Mediation is a confidential process, which means that the mediator cannot disclose anything that is said in mediation to anyone else.
- Mediation is a voluntary process, which means that the parties can choose to end mediation at any time.
- Mediation is a flexible process, which means that the parties can agree on the rules and procedures that will be followed in mediation.
- The mediator is a neutral third party who has no stake in the outcome of the dispute. The mediator’s role is to help the parties to communicate with each other and to reach a mutually agreeable settlement.
- The mediation process typically begins with the mediator meeting with each party separately to discuss their respective positions and interests. The mediator then facilitates a series of meetings between the parties to discuss the issues in dispute and to try to reach a settlement.
- If the parties are able to reach a settlement, the mediator will draft a written agreement that sets out the terms of the settlement. The agreement will then be signed by the parties and the mediator.
- If the parties are unable to reach a settlement, the mediation will be terminated. The parties may then choose to continue with the dispute resolution process, such as by filing a complaint with the Consumer Protection Commission.
Here are some of the benefits of mediation:
- It can help to resolve disputes quickly and efficiently.
- It can help to preserve the relationship between the parties.
- It can be less expensive than going to court.
- It can give the parties more control over the outcome of the dispute.
If you are considering mediation, you should contact the Consumer Protection Commission in your jurisdiction for more information.