The 2018 amendment to the Commercial Courts Act 2015 brought in a new era of pre-institution mediation in India in resemblance of the opt out mechanism of mediation and ADR present in Italy and such other EU countries. The Indian model can develop a lot from learning from this already tried out legislations and their considerable success rate, along with helping the courts of law in their litigations and pendency of cases, thereby observing proper disposal of right to access of justice of an individual.
How India’s Online Conflict Management and ADR Markets are Evolving to Meet the Needs of a Modernising World ?
DEBT MEDIATION is a Mediation between Creditors and Debtors , and the same can be much effective if we creating a pool of DEBT MEDIATORS, and by expediting with global standards, process and programmes, in consultation with national rules and regulations in the backdrop of general mediation practices.
Over the last 10 years, there has been major movement in the field of conflict management. Science has shown us that there are key differences between disputes and conflicts, and that each of these phenomenon must be treated differently. As… Continue Reading →
The first elaborate training for mediators was conducted in Ahmedabad in the year 2000 by American trainers sent by Institute for the Study and Development of Legal Systems (ISDLS). It was followed by a few repeated advance training workshops conducted… Continue Reading →
In countries like US, UK, Canada, Australia and New Zealand, all have opted for rigorous case management of civil litigation and that all consider that ADR has a role to play. It is true that the US has gone much further than others, while Australia and Canada are following fast.
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 →
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 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 →
When asked to speak on types or styles of mediation, my first thought is always “flexible.” In training to become a mediator, the main types of mediation taught are Facilitative, Evaluative, Narrative, and Transformative. Most schools (and practitioners) have one… Continue Reading →
Mediation should be the primary approach in civil or non-criminal cases. This seems to be an emerging theme globally, and not just in India, as potential litigants become more educated about the benefits of “mediation first” and seek out competent… Continue Reading →
Expanding the scope and impact of mediation by embracing the concept of “Appropriate Dispute Resolution” is essential to the ‘Holy Grail of Justice,’ which is universal support for a neutral-led intake and first step program for all conflict short of capital crimes. With… Continue Reading →
[amazon_link asins=’1405130636′ template=’ProductAd’ store=’Jharna-21′ marketplace=’IN’ link_id=’21b62e20-c404-11e7-bd53-492c24a7702c’] 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… Continue Reading →
“My joy was boundless. I had learnt the true practice of law. I had learnt to find out the better side of human nature and to enter men’s heart. I realised that the true function of a lawyer was to unite the… Continue Reading →
An anecdote, typical of today’s norm in a random conflict scenario: A potential client contacted me for assistance in a matter she needed to respond to in a small claims court. I told her I was not an attorney. She… Continue Reading →
We all know that there is a stark divide in India – in the way in which cities work, and the way in which rural areas run. On one hand is the ‘urbanized’ culture spread across various cities and metros… Continue Reading →
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 →
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 →
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 →
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 →
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 →