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Mediation

In mediation generally a third party is involved who acts as facilitator. In a typical mediation, there is always a win – win situation. Mediation comprises of an act of bringing two parties in a dispute closer together towards an agreement through alternative dispute resolution. It is a dialogue in which a neutral third party, the mediator, using appropriate techniques, assists two or more pairs to help them negotiate an agreement, with concrete effects, on a matter of common interest.

Mediation applies to different fields, with some common peculiar elements and some differences for each of its specialities. The main fields of mediation include commerce, legal disputes and diplomacy, but other forms of mediation appear in other fields as well.

In other words, mediation covers any activity in which impartial third party(often a professional)facilitates an agreement on any matter in the common interest of the parties involved.

Alternate Dispute Resolution in IPR Disputes

With growing trade and the inventive process taking place at a global scale demand for hastier resolution of disputes is required in the field of IPR. Issues ranging from ownership to jurisdiction arise frequently. The use of ADR for speedier… Continue Reading →

Farm Debt Mediation

Farm Debt Mediation enables the Farmers to mediate their disputes with creditors, and the mediation process provides the farmers an
opportunity to explain what is or has wedged on their capacity to repay debts and to seek mediation facilities for an outcome which
enables and empowers farmers to face the creditor for a structured negotiated deal and to avoid the risk of legal proceedings.

Debt Mediation

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.

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 →

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 →

Evolution Of Mediation In India

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 →

#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 →

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 →

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 →

Is Alternative Dispute Resolution The Only Way ?

Alternate Dispute Resolution (ADR) is a term that is used for describing a wide array of practices, the purpose of which is to manage recent issues of legal importance at a quicker and economic way than a time-consuming and expensive… 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 →

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 opt… Continue Reading →

Mediation – The Path to Successful Dispute Resolution

“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 →

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 →

Conciliation Vs. Mediation

Conciliation and mediation share a common framework, with two main differences. First, conciliation has a component of interpretation and clarification from the conciliator, focused on lowering tensions, improving communication between the parties, and expanding the potential for positive outcomes that… Continue Reading →

Mediation – A primary mode of Dispute Resolution

    Mediation is a party – centric and structured negotiation process where a neutral third party assists the parties in amicably resolving their dispute by using specialized communication and negotiation techniques. Mediation is also voluntary. The parties preserve the… 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 →

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 →

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 →

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 →

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