Lawful Talks

A Legal Blog by Prerna Foundation

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Brāv Online Conflict Management

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 →

Dealing with Emotions during Mediation – Neurology and Practical Tips

Who could imagine heightened emotions go together with conflict? Mediators, attorneys, and other legal practitioners get the closest look at this pairing during most of their work. Surprisingly, the topic is often only given a cursory treatment during training; with… Continue Reading →

Potential Impasse in Mediation – Myth or Mislabeled? The Perspective Approach

Impasse during mediation is an expectation, if one considers the number of times mediations fail to result in durable agreements between parties. Confidentiality precludes exacting answers, but the track record for reaching successful outcomes hovers around 65 – 70 percent… Continue Reading →

Mediation based on Type and Style – Ultimate Flexibility for Professional Results

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 →

Should Mediation Exist as an Option for Criminal Law Cases?

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 →

Forgiveness, Restorative Justice, and Mediation – A New Pathway?

When researching forgiveness, my first trip was to Amazon, to see if contemporary authors hold validating positions on the subject. Even though there are over 2,100 books available on the subject on Amazon, few approached forgiveness as anything other than… Continue Reading →

Seeking the “Holy Grail of Justice” Through Mediation

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 →

“ADR” Gets a New Outlook in India

In India, the term ADR stands for “Appropriate Dispute Resolution” and it shifts participant awareness towards a form of forward – looking justice and conflict management as a preferable choice over litigation. Is this truly tenable? Is it truly the… Continue Reading →

A Court Case that would have been ‘Better Served’ by Mediation

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 →

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