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Lawful Talks

A Legal Blog by Prerna Foundation


Sayan Chandra

What we can learn from the Italy style of first ADR then litigation style of hearing cases?

The 2018 amendment to the Commercial Courts Act 2015 brought in a new era of pre-institution mediation in India in resemblance of the opt out mechanism of mediation and ADR present in Italy and such other EU countries. The Indian model can develop a lot from learning from this already tried out legislations and their considerable success rate, along with helping the courts of law in their litigations and pendency of cases, thereby observing proper disposal of right to access of justice of an individual.

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