A Legal Blog by Prerna Foundation

Tag ODR

Mediation and Duties of the Parties in a Mediation Session

INTRODUCTION In India, mediation is a cooperative mechanism in which disputing parties agree to work together to address their legal issue by signing a written contract and nominating a mediator. The disputing parties maintain decision-making authority, with the mediator serving… Continue Reading →

Mediation under Companies Act, 2013

INTRODUCTION – Mediation is when a neutral third party (mediator) helps the disputant parties to reach an amicable solution. The mediator is not the judge, but facilitates communication with an aim to settle the dispute. THE COMPANIES ACT, 2013 –… Continue Reading →

ODR in Space of Cyber-Bullying

One of the principal advantages of the invention of the Internet and its media networking allows users to create new and old social networks reasonably quickly. These means have helped us, in general terms, to post personal news and learn… Continue Reading →

Prevention and Resolution of Conflict through ADR

INTRODUCTION – Man is said to be a social animal. Interdependence on each other is inevitable and it is only this interdependence that leads to a society thriving on harmony and disharmony or on favourable and unfavourable tendencies. It would… Continue Reading →

Conciliation as an Alternative Dispute Resolution Method

INTRODUCTION – The increasing burden on the judiciary has made justice expensive and dilatory and as the popular saying goes, ‘Justice delayed is justice denied’. Therefore, conciliation has been gaining popularity as an Alternative Dispute Resolution method as a part… Continue Reading →

Lack of Awareness regarding ADR in India

According to National Judicial Data Grid (NJDG) there are over 3.7 million cases which have been pending before the subordinate courts for over a decade. Despite these statistics as well as the cost involved in a legal dispute, why should… Continue Reading →

Mediator’s psychology tools in a mediation session

Human feeling drives decision-making. It is this emotional aspect that converts a conflict of opinion into an intense dispute. Thus, the mediation’s emotional power is the force that can be used to help parties settle their conflicts. Typically, the key… Continue Reading →

Ethics of Online Dispute Resolution (ODR)

The origin of Online Dispute Resolution can be traced back to the early 1990’s, a period of significant changes in the online environment. In 1996, the first articles on ADR were published, there were several conferences sponsored which aims at… Continue Reading →

Alternative Dispute Resolution : A comparative study

HISTORY AND INTRODUCTION ADR which stands for Alternative Dispute Resolution was first originated in the USA as a drive to find an alternative to the traditional legal system. In developing countries like India where most people believe in resolving the… Continue Reading →

ONLINE DISPUTE RESOLUTION (ODR): AN EMERGING TREND IN DISPUTE RESOLUTION MECHANISM.

Online dispute resolution as the name suggests is a method of dispute resolution which uses technology to settle dispute between the parties. It is a fusion of Alternative Dispute Resolution methods and Information and communication technology.The advent of the information… Continue Reading →

Technology, Ethics and Access to Justice

INTRODUCTION During a period of U.S. spending cuts, famously known as the “sequester[1],” court frameworks all over the country are confronting monetary shortfalls[2]. Small cases courts are no exception[3]. Among the most noticeably awful hit states is California, which is… Continue Reading →

Failing Single Approach Firms and the Rise of Advanced Hybrid Firms

How India’s Online Conflict Management and ADR Markets are Evolving to Meet the Needs of a Modernising World ?

Dynamic Conflict Management: If You Are Not Keeping up with Technology, Then Your Practice May be Going a Little Flat.

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 →

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