In this short piece, Ms. Vasudha Gupta, Advocate and Certified Mediator, is of the view that mediation is the first aid kit that stops a dispute from escalating to a level from where there is no return.
This piece was originally published here. Her blog is https://mediationweekly.wordpress.com/
The image is available here.
Her earlier guest post can be perused here.
____________________________________________________________________________________________
A dispute is like a wound, the early you tend to it, and the quicker it heals. Mediation can be viewed as a time gap between action and response, similar to a cooling-off period.
In this post I will discuss why mediating your dispute at the outset might prove more beneficial than a scenario where mediation is being tried out at a later stage, when the dispute has fueled, beyond repair.
Before I delve any further, I would like to explain in short, the anatomy of a dispute.
The starting point of a dispute is ‘differences’ that erupt between parties due to issues of identity, fear, power etc. Differences begin when someone is trying to protect something dear to them. These issues are the starting point of a dispute. Next step is disagreement. The parties will find a specific issue to disagree upon. ‘Escalation’ of this disagreement is what constitutes a dispute. I suggest that mediation be taken up while this escalation is in progress.
WHY MEDIATE AT THE EARLIEST?
It is often said to an angry person that they should cool down before reacting. I am bringing in the same concept in respect of dispute resolution. Sitting down to talk, provides for a cooling off period where the parties take a relook at the issue at hand with the help of a trained professional who can help the parties look at the upside and downside of resolving or continuing the dispute. A dispute often involves emotional baggage, which motivates the parties to forget rationality and practicality. Mediation can provide an opportunity to regain this practicality. This regained practicality helps the parties think clearly and take better decisions, avoiding any imprudent actions.
Mediation can also help the parties reach mutually satisfactory outcomes as opposed to litigation. The mediator, helps the parties explore deeper issues, which cause the dispute. The job of a mediator is not to pronounce the outcome, but to help the parties reach a favourable outcome. Mediation gives us a chance to take control of our own fate and choose the outcome. A mediator unlike a judge won’t pronounce a verdict but help you reach towards a suitable settlement, which can benefit both parties. Mediation stops us from acting in a hasty manner and helps us take a second look at the issues at hand.
Therefore, mediation is the first aid kit that does not let the dispute escalate to a level from where there is no return. Like a first aid kit, mediation helps in damage control and fixes the leaks at the correct time thereby deescalating the initial conflict.
Indian Mediation Law 
