INTERSECTION OF LAW AND PSYCHOLOGY: ROLE OF PSYCHOLOGY IN MEDIATION

Abstract

Every relationship or bond at least at one point faces a lot of differences and difficulties in holding the bond. Sometimes the difference rises to that point that the parties take legal action against the other party. Many times in the litigation process the difference instead of going to a phase of compromise and a mutual disposal takes a drastic turn and increases the density of the problem as both the parties start framing accusations against the other party and the scope of mutually resolving the matter becomes zero. For this, under The Mediation Act, 2023 we have the provision of Mediation. Simply stated, mediation is defined as "assisted negotiation," a process whereby an independent third party assists two or more parties in conflict to arrive at their own settlement. Mediation provides a fair process and facilitates discussion without taking decisions. Mediation is favored for its ability to maintain the relationship between the parties involved while at the same time making the process faster, less aggressive, and more friendly. While in litigations, the involved parties are often hostile to each other, mediation is characterized by communication, cooperation, and understanding. This makes it quite relevant when there is a disagreement between family members, work colleagues, management and workers, among other situations, where it is important to maintain future relations. Also, mediation ensures privacy, saves time, and reduces legal costs, thus becoming more realistic in resolving disputes.This paper is divided into three main parts , the first part will be covering the introduction of mediation followed by the Psychology factors used to understand mediation. The second part will be covering the Philosophical Foundations of Human Conflict and other factors of Psychology used for successful mediation and the last part will be covering the criticism and the conclusion part. The question arises whether the role of psychology is even important in understanding mediation , the simple answer is Yes as a lot of human emotions and personal interests are involved in mediation.