Cases suitable for mediation

As per Afcons Infrastructure Ltd. vs. Cherain Varkey Construction Co. (P) Ltd. [(2010) 8 SCC 24], the Hon’ble Supreme Court has laid down a brief categorisation of cases, though not exhaustive/rigid in nature, suitable for mediation and cases not suited for mediation.

Cases suitable for mediation are as following:

(i) All cases relating to trade, commerce and contracts, including

disputes arising out of contracts (including all money claims);

disputes relating to specific performance;

disputes between suppliers and customers;

disputes between bankers and customers;

disputes between developers/builders and customers;

disputes between landlords and tenants/licensor and licensees;

disputes between insurer and insured;

(ii) All cases arising from strained or soured relationships, including

disputes relating to matrimonial causes, maintenance, custody of children;

disputes relating to partition/division among family members/co-parceners/co-owners; and

disputes relating to partnership among partners.

(iii) All cases where there is a need for continuation of the pre-existing relationship in spite of the disputes, including

disputes between neighbours (relating to easementary rights, encroachments, nuisance etc.);

disputes between employers and employees;

disputes among members of societies/associations/Apartment owners Associations;

(iv) All cases relating to tortious liability including

claims for compensation in motor accidents/other accidents; and

(v) All consumer disputes including

disputes where a trader/supplier/manufacturer/service provider is keen to maintain his business/professional reputation and credibility or product popularity.