A Legal Blog by Prerna Foundation

Author Jharna Jagtiani

Advocate || Certified Mediator || Legal Assistant || Researcher || Blogger || Founder Prerna Foundation

#Infograph – How to Negotiate Effectively

The ability to negotiate successfully in today’s business scenario can make the difference between success and failure. Keeping this in mind following are few tips on effective negotiation – Happy Negotiating !!!

How To Get A Surviving Member Certificate

Surviving Member Certificate What Is a Surviving Member Certificate? Difference Between Surviving Member Certificate And A Succession Certificate Who To Approach For A Surviving Member Certificate? Procedure For Surviving Member Certificate In Person Required Information For Such Certificate Required Documents… Continue Reading →

What are Alimony Laws like in India?

Divorce is stressful for everyone. It is a legal way of ending a relationship. It is important that the decision of separation should be justified for both parties. To support himself or herself after the separation, the spouse is granted… Continue Reading →

Insights from Ayodhya Mediation

Mediation has yet again proved its worth. The famous case of ‘Ayodhya Babri Masjid-Ram Janambhoomi’ dispute pending before the Court, where the Supreme Court believed that appointing a three-member mediation committee was the right thing to do. A sensitive case… Continue Reading →

Yoga and Intellectual Property Rights

Each one of us have practiced yoga at some point of our time in one form or another. Yoga is not only physically helpful but also mentally. It lowers blood pressure, body weight and also lowers the risk of heart… Continue Reading →

#BookRecommendation – Tomorrow’s Lawyers: An Introduction to Your Future

Tomorrow’s Lawyers: An Introduction to Your Future by by Richard Susskind     Tomorrow’s Lawyers predicts that we are at the beginning of a period of fundamental transformation in law: a time in which we will see greater change than we… Continue Reading →

#BookRecommendation – Making Your Case: The Art of Persuading Judges

Making Your Case: The Art of Persuading Judges by Antonin Scalia and Bryan A. Garner   In their professional lives courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two of the… Continue Reading →

#BookRecommendation – Loophole Games

Loophole Games by Smarak Swain   This book reveals loopholes available within ambit of law, used by corporate in legal ways to avoid paying taxes. All abusive tax avoidance structures have been brought together here in a single book. There… Continue Reading →

Active Listening in #Mediation

The object of active listening in conflict resolution is to acquire and demonstrate understanding of the other, which will serve as a basis for reaching joint decisions and resulting in resolving a conflict. In order to succeed in this, active… Continue Reading →

Understanding Mandatory Mediation under the Commercial Courts Ordinance

The Commercial Courts Commercial Division and Commercial Appellate Division of High Court (Amendment) Ordinance of 2018, dated May 03, 2018, has inserted section 12A to the Commercial Courts Act, 2015, contemplating pre-institution mediation and settlement, before the filing of any… Continue Reading →

#BookRecommendation: #SportsLaw in India

Sports Law in India: Policy, Regulation and Commercialisation (SAGE Law) by Lovely Dasgupta and Shameek Sen   Sports is probably one of the greatest instruments of social cohesion in today’s conflict-stricken world. It has grown from being just an activity for leisure to… Continue Reading →

#Infographics – #Negotiation Techniques

Negotiation is the process where interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and / or attempt to craft outcomes which serves their mutual interests. In negotiation the disputing party resolve their differences… Continue Reading →

Muslim Man Seeks SC’s Help To Stay With His Hindu Wife

Md Ibrahim aka Aryan Arya, converted to Hinduism to marry a 23-year-old Jain girl from Raipur. He has  now sought help from the Supreme Court alleging that a Hindu Right-wing group and the girl’s parents have forcibly separated them. Ibrahim… Continue Reading →

#BookRecommendation – 48 Laws of Power

48 Laws of Power by Robert Green Although, the name suggests it to be a book for a lawyer; it isn’t. The book is the best text for personality development. Written by Robert Green the book states 48 laws of power,… Continue Reading →

#Infographic – Indicators of Effective #Mediation

Mediation is often assessed in terms of single factor only whether involved parties reached settlement or not, irrespective of the way in which it was steered or the quality of the outcome. While effectiveness of outcome is obviously important, there… Continue Reading →

#Infograpghic – Benefits of #Mediation

Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation… Continue Reading →

#BookRecommendation – How to Argue & Win Every Time: At Home, At Work, In Court, Everywhere, Everyday

How to Argue & Win Every Time: At Home, At Work, In Court, Everywhere, Everyday by Gerry Spence   Gerry Spence, one of the noted trial lawyer of America, penned down this commendable book. In his book, Spence states that… Continue Reading →

How To Get A Surviving Member Certificate?

 Surviving Member Certificate What IsSurviving Member Certificate? Difference Between Surviving Member Certificate AndA Succession Certificate WhoTo Approach ForA Surviving Member Certificate? Procedure For Surviving Member Certificate In Person Required Information ForSuch Certificate Required Documents For Surviving Member Certificate [slideshare id=93882147&doc=survivingmembercertificate-180415000938]

#BookRecommendation – How to Argue & Win Every Time: At Home, At Work, In Court, Everywhere, Everyday

How to Argue & Win Every Time: At Home, At Work, In Court, Everywhere, Everyday by Gerry Spence About Book: Gerry Spence, one of the noted trial lawyer of America, penned down this commendable book. In his book, Spence states that… Continue Reading →

#KathuaRapeCase: SC Issues Notice to J&K Lawyers and Bar Association

The Supreme Court has taken suo motu cognizance of contentious Kathua rape and murder case. In the heinous crime an 8 eight year old girl was brutally raped and murdered in the District of Kathua in Jammu and Kashmir. The intensity of… Continue Reading →

Essential Legal Words for Drafting – Part 3

Preclude – prevent from happening; make impossible. Prejudiced – harm or injury that results or may result from some action or judgement. Prima facie – on the face of it. Promulgation – to make known by open declaration; publish; proclaim… Continue Reading →

#BookRecommendation – Alternative Dispute Resolution: The Indian Perspective

Alternative Dispute Resolution: The Indian Perspective by Shashank Garg   Alternative Dispute Resolution (ADR) is a mechanism to resolve disputes outside the courtroom through mediation, arbitration, negotiation and conciliation. With the rapidly changing business and commerce landscape, the demand for… Continue Reading →

Essential Legal Words for Drafting – Part 2

Erect –rigidly upright or straight. Erudite – learned. Estoppel – the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination…. Continue Reading →

Part 2: Becoming a #Mediator

Part 2: Becoming a Mediator Understanding road map to become a Mediator. What is mediation? Mediation is a technique of facilitating dialogue or discussion between disputing parties with a neutral third party i.e. a mediator, for bringing a mutual resolution… Continue Reading →

Part 1 – Becoming a #Mediator

Part 1: Becoming a Mediator Understanding road map to become a Mediator. What is mediation? Mediation is a technique of facilitating dialogue or discussion between disputing parties with a neutral third party i.e. a mediator, for bringing a mutual resolution… Continue Reading →

Part 1 – Essential Legal Words for Drafting

Accentuating – More noticeable. Accustomed – Customary; usual. Ad hoc – created or done for a particular purpose as necessary. Advent – arrival of a notable person or thing. Aequitas – Equity i.e. fair or just according to natural law…. Continue Reading →

#BookRecommendation – Law as a Career

Law as a Career by Tanuj Kalia About the Book: Are you a school student thinking of pursuing law as a career? Are you a law student wondering how to succeed in the legal world? If yes, this book is for… Continue Reading →

Active Listening in Mediation

The object of active listening in conflict resolution is to acquire and demonstrate an understanding of the other, which will serve as a basis for reaching joint decisions and resulting in resolving a conflict. In order to succeed in this,… Continue Reading →

Difference Between Hearings and Trials

While speaking in the law jargon, a trial and a hearing have very different meanings. A hearing is a procedure before a court or any higher authority whereas a trial happens when the opposite parties come together to present all… Continue Reading →

7 Landmark Court Cases That Changed The Laws In India

Indian legal system is often under great scrutiny by media and public, in general. The judges and courts are often blamed for things like wrong, biased judgements and verdicts, corruptions etc. The legal system in any country has many loopholes,… Continue Reading →

Judicial Process vs Arbitration vs Mediation

Alternative dispute resolution (ADR; known in some countries, such as India,as external dispute resolution) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective… Continue Reading →

5 #SupremeCourt #Judgments on Indian #EvidenceAct, 1872

The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law. The enactment and… Continue Reading →

Mediation and Arbitration: What You Need To Know

  Many court cases (especially civil cases) are handled out of court with both parties coming to an agreement and settling on a sum to stop the litigation. Mediation puts you in control of the results. LegalYou can help you… Continue Reading →

Exploring Mediation

Is going to court the best way out for any legal matter? Or, is there a better alternative? And how will the legal industry look like in the next 5 years? Let’s find out in this special feature where Prerna… Continue Reading →

What if Conflicts were not Bad?

Very interesting TedxTalk on Conflict. It deals with the question: What if Conflicts were not Bad? It talks about mediation without labeling it. The important shift from trying to manage people with the conflict to ensuring there is a process… Continue Reading →

Saam Daam Dand Bhed Seemingly Nullified

When it was observed that corporates preferred alternative methods to dispute resolution, there has been a new addition to the Companies Act of 2013 namely, mediation and conciliation. For the purpose of conciliation and mediation, individual states have their own… Continue Reading →

Mirror Mirror On The Wall Mediation’s the Fairest Of All

The process of dispute resolution via mediation typically involves the parties to the dispute, their respective attorneys and a neutral mediator. This process is involuntary and may even be non binding on the parties. In that, the result could be… Continue Reading →

The MCIA Rules

Due In part to the inundation of the judiciary in the past due to the overwhelming number of cases between two corporate entities, over varied reasons, the formation of a dispute resolution mechanism was undertaken by the Government of India…. Continue Reading →

Ensure Both Sports and Justice Prevail Through Mediation

Sports as an industry though progressed in the 20th century, it has been seen as a medium of a country’s measure or yardstick of prowess. Although not as emotion draining as military operations and espionage may prove to be. It… Continue Reading →

Corporate Cat Fights Resolved Via Mediation Cost Effectively

When it comes to board room brawls or in the case of two competitors being in tussle over any issue regarding their respective companies, it can be observed that tempers are usually flared and the corporate entities do not mind… Continue Reading →

Culture – A Weapon For Peace Not War

It is said that the world is shrinking. Although not physically, different countries being endowed with different resources have to trade with their counterparts from across their immediate border to also a country across the seas. In such a scenario… Continue Reading →

Scope of ADR in Dispute Relating to Intellectual Property

In an increasingly intangible world, where there are more websites than shops and brick and mortar establishments as well as more and more corporate entities preferring to deal online rather than offline, it has become quite imperative that they are… Continue Reading →

No Love Lost When Problems Are Mediated

Wherever there are two or more parties involved with a common interest, there is always a potential for a situation where a dispute may arise. Whether it is a business relationship or something as amicable as friendship or even love…. Continue Reading →

Role of Lawyers in Negotiation

Negotiation is part of life: We do it all day, every day. Negotiation is a method by which people settle differences. It is a process by which compromise or agreement is reached while avoiding argument and dispute. In any disagreement, individuals… Continue Reading →

The Different Hats of a Mediator

The mediator is not a judge and does not render decision or impose a solution on any party. Rather, the mediator helps those involved in the dispute talk to each other, allowing them to resolve the dispute amongst themselves. The… Continue Reading →

Mediation: Need of the Hour

Mediation is a process of third-party involvement in a dispute. A mediator cannot impose an outcome but rather assists the disputing parties in reaching their own agreement. Mediation can be used in a wide range of disputes, including labor disputes,… Continue Reading →

The Art of Negotiation

Negotiation is a dialogue between two or more parties, with the intent of coming to a mutually agreed solution, because each party has something the other wants. Successful negotiation is an art form that comes naturally to some, but must… Continue Reading →

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