Lawful Talks

A Legal Blog by Prerna Foundation

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Dispute Resolution

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 →

Legislations Recommending Arbitration As A Dispute Resolution Mechanism

Arbitration has proven to be cost and time effective in settling legal disputes. It complies to all the principles of justice and also releases a humongous workload from the “over-burdened” Justice administration system of India. The below discussed are the… Continue Reading →

Why did Indian Government cancel 58 Bilateral Investment Treaties?

Bilateral Investment Treaties (BITs) provide for the promotion and protection of investments by one country’s investors in the other. Such a promotion of investment is obviously reciprocal in nature. Although these agreements take place between different governments, the ultimate beneficiaries… Continue Reading →

Lack of Awareness in Arbitration: The Indian Scenario

Arbitration is a form of ‘alternative dispute resolution’ that has been widely promoted by all the three organs of the State for speedy and efficient delivery of justice and yet, only a few know of its advantage over the traditional… 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 →

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