The topic on mediation is rarely discussed and many of the litigants do not know about it and do not even know that a settlement can be arrived at in Courts through mediation. Mediation is basically a negotiation process in which a neutral party assists the disputing parties in resolving their dispute. The parties through their advocates can appoint a mediator or leave it to the Court to appoint. The parties get an opportunity to participate in the negotiations. The process is entirely voluntary and any party can drop it at any stage. It helps to maintain, improve and restore relationships between the parties.
Conflict is inevitable. Wherever people live, work, or do business, disagreements will arise. The question is – how we choose to resolve it. Mediation offers us a choice: escalation or understanding, prolonged battles or purposeful dialogue, winners and losers or solutions that last.
Mediation places people at the center of the resolution process. Instead of handing their future over to an adversarial system, parties retain ownership of both the problem and the solution. They are heard – not filtered through rigid procedures, but listened to, with respect.
As an advocate, I have seen what happens when disputes are left to harden. Positions become entrenched. Relationships are fractured. Time, money, and emotional energy are drained. Mediation interrupts that cycle. It creates a structured, safe space where communication can resume – sometimes for the first time in years.
This is not about avoiding accountability. Mediation does not erase responsibility; it clarifies it. It encourages honesty without punishment, compromise without coercion, and solutions tailored to real human needs. It is basically a win-win situation where litigants move out of the Court with a smile.
Mediation is also an access to justice in its truest form. It is faster, more affordable, and more humane. For communities burdened by backlogged Courts, for families navigating painful transitions, for workplaces trying to preserve trust – mediation is not just an option, it is a necessity.
Choosing mediation in Courts is not a sign of weakness. It takes courage to sit across from someone you disagree with and say, “Let’s talk.” It takes strength to listen. It takes wisdom to recognize that resolution is more powerful than retaliation.
Mediation should not be used as a last resort, but as a first response. Because when people are empowered to resolve their own disputes, the outcome is not only more durable – but more just. Mediation in Courts is confidential and voluntary, where a mediator who is appointed by the Court assists litigants in reaching at a mutually acceptable settlement. The proceedings are private and not generally disclosed or used as evidence, if the case proceeds. The parties are not forced to reach an agreement. At the end of the sessions which are usually held in a room within the Court premises, consent terms are drawn up, which become legally binding on the parties. If mediation is not successful, the case returns to the Court for trial.
It is very important that awareness on mediation should spread across the globe to make the world a better and healthier place to live in and basically to enable children to grow in a healthy environment by living in the care of both parents.
Now talking about mediation in property disputes – property disputes are rarely just about land, buildings, or boundaries. They are about livelihood, legacy, family, and security. As an advocate, I have seen how property conflicts can linger in Courts for years, sometimes decades. Titles remain uncertain, development is stalled, families are divided and wealth that should build future is instead consumed by legal fees and endless litigation. Mediation offers a smarter, more humane path forward.
In property matters, mediation preserves value. Time delays depreciate property. Mediation is faster, cost-effective, and focused on outcomes that allow property to be used, developed, or transferred without prolonged uncertainty. A negotiated settlement today is often worth far more than a Court victory, years from now.
Importantly, mediation protects relationships. Many property disputes arise between relatives, co-owners, business partners, or neighbors who continue to co-exist long after the dispute ends. Litigation hardens positions; mediation restores dialogue. It transforms confrontation into collaboration.
Mediation also promotes certainty and compliance. When parties shape their own agreement, they are more likely to honor it. This reduces future disputes and reinforces long-term stability in property ownership and management.
Choosing mediation in property matters is not about surrendering legal rights. It is about exercising them wisely.
An advocate should encourage mediation as a first step, not an afterthought. By doing so, we reduce Court congestion, help to maintain relations among parties, preserve property value, and most importantly, deliver justice that is timely, practical, and lasting.
About Author:
Adv. Clarita P Alfonso has her own practice at Vasco-da-Gama, Goa. She has been practicing since the past 28 years and has been handling various matters all over Goa – which include property disputes, inventory proceedings, matrimonial cases, matters relating to domestic violence and has succeeded in providing solace to a number of disturbed families using the weapon of mediation. The main aim is to get families together rather than separate them.
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