Frequently Asked Questions.

Please go to Book Online section of this website from the menu, choose an initial meeting best suited for your needs. Be it Business/Corporate or Personal Mediation <Virtual or in Person> and follow the steps to book an appointment.

How eMediate Works: Step 1: Case Submission User submits a mediation request via the eMediate website (emediate.in). Details required: Names of parties, nature of dispute, contact details. Processing time: Within 24-48 hours. Step 2: Case Evaluation & Acceptance eMediate reviews the case to ensure it is suitable for mediation. If eligible → Case is accepted, and a mediator is assigned. If not eligible → User is advised on alternative legal options. Note: Mediation is not allowed for criminal cases, except for domestic violence cases under specific legal provisions. Step 3: Appointment Scheduling Parties schedule a session (virtual or in-person). Virtual mediation: Conducted via secure video conferencing. In-person mediation: Held at a neutral mediation center. Step 4: Mediation Session(s) Mediator facilitates discussion, ensuring fair and structured negotiations. Parties work towards a mutually acceptable settlement. Sessions may take one or multiple meetings based on complexity. Step 5: Settlement Agreement If parties reach an agreement → A legal settlement is drafted. Agreement is signed and can be enforced in court if required. If no agreement → Parties may choose litigation or arbitration. Step 6: Closure & Follow-up If required, eMediate assists in documentation for legal validation. Optional follow-up support for implementation of the agreement.

Mediation is a highly effective dispute resolution method, with a success rate of over 70% in India. It allows parties to negotiate solutions in a structured and collaborative environment.

Mediation itself is a voluntary process, but if a settlement is reached, the agreement can be legally binding and enforceable in court.

Yes, mediation agreements are enforceable under the law. If the settlement is signed, it holds legal weight and can be presented in court for enforcement.

eMediate offers a faster, cost-effective, and legally sound alternative to litigation and arbitration. Here’s why it stands out:

Yes, mediation can accommodate multiple parties with differing interests. Skilled mediators facilitate inclusive discussions, ensuring that all perspectives are heard and considered, and work towards finding common ground and consensus.

Mediation typically involves the mediator facilitating discussions between the parties, allowing them to express their concerns, explore options, and work towards a resolution. The mediator remains impartial and does not impose decisions but helps guide the process.

Types of Conflicts That Can Be Resolved Through Mediation: Mediation is a flexible and effective alternative to litigation for resolving a wide range of disputes. Here’s a list of common conflicts that can be mediated: 1. Business & Commercial Disputes Contract disputes Partnership disagreements Vendor/supplier conflicts Workplace conflicts (between employees or management) Intellectual property disputes 2. Family & Divorce Mediation Divorce settlements (child custody, alimony, property division) Parenting plans and child visitation Family inheritance and property disputes Elder care and guardianship decisions 3. Real Estate & Property Disputes Landlord-tenant disagreements Property ownership disputes Homeowners association (HOA) conflicts Boundary and zoning issues 4. Employment & Workplace Conflicts Wrongful termination claims Workplace harassment or discrimination Wage and salary disputes Employee contract disagreements 5. Consumer & Service Disputes Customer complaints against businesses Product liability or defective goods cases Disputes over services rendered 6. Community & Neighborhood Conflicts Noise complaints Boundary and fence disputes Disputes over shared spaces or utilities

The duration of mediation varies depending on the complexity of the issues and the willingness of the parties to cooperate. Some cases can be resolved in a few sessions, while others may require more time. The mediators work to facilitate a timely and effective resolution. It has to be completed within 90 days.

Benefits of Mediation • Cost-Effective: Mediation is significantly less expensive than litigation. • Time-Saving: Resolutions can be reached in weeks rather than months or years. • Confidential: Mediation proceedings are private, unlike court cases. • Less Stressful: The process is cooperative rather than adversarial. • Preserves Relationships: Encourages dialogue and maintains professional or personal ties. • Flexible Solutions: Agreements can be tailored to fit the unique needs of both parties. • Legally Enforceable: Mediation settlements hold legal value if properly documented. • Voluntary Process: Both parties have control over the outcome rather than a judge imposing a decision.

While mediation and conciliation are similar, mediation is more structured, and the mediator facilitates discussions without giving suggestions, whereas a conciliator may propose solutions.

In India, tax benefits on mediation settlements depend on the nature of the dispute. Business settlements may qualify for deductions, but legal advice is recommended.

No, mediation settlements, once signed, are final and cannot be appealed unless there is proof of fraud, coercion, or misrepresentation.

Yes, mediation aims to help parties reach a mutually agreed settlement, making it a preferred alternative to litigation.

Yes, mediation aims to help parties reach a mutually agreed settlement, making it a preferred alternative to litigation.

No, mediation is not permitted for criminal cases in India. Serious crimes like murder, assault, and fraud cannot be mediated.

A mediation settlement can be challenged only in cases of fraud, coercion, or undue influence. Otherwise, it is legally binding.

Yes, mediation is highly effective in divorce settlements, helping couples resolve alimony, child custody, and asset division without lengthy court battles.

If mediation fails, parties can proceed with arbitration or litigation. The discussions during mediation remain confidential and cannot be used in court.

Mediation is faster, cost-effective, confidential, and reduces the burden on courts, ensuring amicable dispute resolution.

Mediation can be initiated voluntarily by parties, recommended by courts, or mandated under specific legal provisions.

Typically, both parties share the mediation costs, but agreements can be made for one party to bear the fees. Court-referred mediation may be free in some cases.

No, mediation is a neutral process where mediators facilitate discussions impartially, ensuring fair outcomes for all parties.

Mediation is preferable when parties seek flexible, amicable solutions without third-party judgments, unlike arbitration, which results in a binding decision.

Yes, mediation is confidential, and discussions cannot be disclosed or used as evidence in court.

Virtual mediation offers accessibility, convenience, cost savings, and flexibility, allowing parties to resolve disputes from anywhere. No need to worry about transportation or booking centres.

Yes, once both parties sign the mediation agreement, it becomes legally enforceable in court.

Absolutely. Unlike court proceedings, mediation is 100% private, and discussions cannot be used against either party later.

Most cases are resolved within 2-5 sessions depending on the complexity of the dispute.

Yes. Mediators help parties negotiate fair financial settlements regarding alimony, assets, and liabilities.

Yes. Mediation allows parents to create a co-parenting plan that suits both parties and prioritizes the child's best interests.

Yes, virtual mediation is available for domestic and international cases via secure video conferencing.

Yes, mediation is faster, less expensive, and less stressful than court battles. It allows both parties to reach a mutual agreement in a private setting.

Yes. While not necessary, parties can bring a lawyer for guidance and review of agreements.

Mediation is voluntary, but if one party refuses, they may have to resolve the issue in court. A mediator can try to persuade them to participate.

If mediation fails, parties can pursue litigation or arbitration. However, mediation often helps narrow down issues, making court proceedings smoother if necessary.

Virtual mediation reduces costs, eliminates travel time, ensures flexibility, and allows parties from different locations to resolve disputes efficiently.

Yes, all discussions and documents shared during mediation are confidential and cannot be disclosed or used in future litigation.

Mediation is preferred when parties seek a collaborative solution and want to maintain their business relationship. Arbitration, being more formal, leads to a binding decision by an arbitrator.

No, mediation is neutral. The mediator facilitates discussions but does not impose a decision, ensuring a fair resolution for both parties.

The mediation cost is usually shared between the parties unless agreed otherwise. The fee structure varies based on the mediator’s experience and case complexity.

Either party involved in the dispute can initiate mediation by approaching a mediation service like eMediate. Courts may also refer cases to mediation before litigation.

Mediation is faster, cost-effective, confidential, and allows parties to retain control over the resolution process instead of a court-imposed judgment.

If mediation does not lead to a resolution, parties can proceed with arbitration or litigation. The mediation process remains confidential and cannot be used against either party in court.

Yes, mediation is one of the most effective ways to resolve partnership conflicts while preserving business relationships and avoiding costly litigation.

If the agreement is legally drafted and signed, it is binding. However, if a party alleges coercion, fraud, or misrepresentation, the court may review the settlement.

No, mediation cannot be used for cases involving fraud, financial crimes, or any criminal offense. However, civil disputes within commercial contracts can be mediated.

Most commercial disputes can be mediated, including contract disputes, partnership disagreements, and financial conflicts. However, disputes involving fraud, criminal activity, or statutory violations typically require court intervention.

Since mediation is voluntary and settlements are reached by mutual agreement, there is no formal appeal process. However, if a party believes the agreement was unfair, they may seek legal recourse.

Depending on the nature of the dispute and the type of settlement, certain payments made under mediation agreements may be eligible for tax deductions. It is advised to consult a tax professional.

No, while both aim for dispute resolution, mediation is more structured, with a neutral mediator facilitating discussions, whereas conciliation involves a conciliator who may propose solutions.

Yes, mediation agreements signed by both parties can be enforced in court under the Indian Contract Act, 1872. If mediation is court-referred, the agreement holds legal weight.

Mediation itself is not legally binding, but if parties reach an agreement, they can formalize it into a legally enforceable contract.

Yes, mediation is highly effective for commercial disputes as it provides a structured negotiation process led by a neutral mediator to help parties reach a mutually beneficial resolution.

Corporate mediation is a structured dispute resolution process where a neutral mediator helps businesses resolve conflicts amicably, avoiding litigation.

Mediation itself is not binding, but if an agreement is reached, it can be formalized into a legally enforceable contract.

Yes, most corporate disputes—including contractual disagreements, employee conflicts, and shareholder disputes—can be effectively resolved through mediation.

Yes, mediation is faster, cost-effective, and confidential, helping businesses resolve disputes without damaging reputations or relationships.

Yes, a signed mediation settlement agreement is enforceable under the Indian Contract Act, 1872. If court-referred, it holds the same weight as a court decree.

Yes, corporate mediation is widely used for resolving workplace conflicts, wrongful termination cases, discrimination claims, and other HR-related disputes.

No, mediation is not permitted for cases involving criminal fraud or statutory violations. However, financial disagreements that do not involve criminal charges can be mediated.

If a settlement is signed voluntarily and in good faith, it is binding. However, if fraud, coercion, or misrepresentation is proven, the court may review the settlement.

Mediation is more flexible and allows businesses to negotiate a win-win outcome, whereas arbitration results in a binding decision imposed by an arbitrator.

Mediation helps shareholders resolve conflicts regarding company management, dividend distribution, and governance without resorting to lengthy court battles

If mediation does not result in a settlement, parties may pursue arbitration or litigation. The mediation discussions remain confidential and cannot be used in court.

Any involved party—company executives, employees, shareholders, or board members—can initiate mediation to resolve internal or external disputes.

Typically, the mediation cost is shared between the disputing parties unless a different arrangement is agreed upon. The cost depends on the case complexity and mediator’s experience.

Yes, mediation proceedings are private and confidential, preventing sensitive business information from becoming public, unlike court trials.

Virtual mediation allows companies to resolve disputes efficiently without travel, saving time and costs while ensuring flexibility for global business conflicts. For in-person mediation, all associated expenses shall be borne by the client. These include, but are not limited to, the cost of booking a mediation center or conference room, transportation fees, and, if the mediation is conducted outside the NCR or overseas, accommodation and travel expenses for the mediator(s).

Yes, mediation is an effective tool to resolve conflicts in mergers and acquisitions (M&A), including valuation disagreements, contract breaches, and post-merger integration issues.

Mediation promotes transparency, ethical decision-making, and conflict resolution in corporate governance, preventing boardroom disputes from escalating into legal battles.

Yes, mediation is highly effective in resolving conflicts between corporates and vendors, ensuring continued business relationships while settling payment, contract, or service disputes.