Lawful Talks

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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.

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 →

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