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.
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 →
How India’s Online Conflict Management and ADR Markets are Evolving to Meet the Needs of a Modernising World ?
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 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.
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 →
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 →
Investment Arbitration in India is undergoing a sea of change as the bilateral treaties entered into have broad ambiguous provisions which enable the foreign national to bend and mould the provisions according to their whims and fancy. If the government… Continue Reading →
Negotiation is the process where interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and / or attempt to craft outcomes which serves their mutual interests. In negotiation the disputing party resolve their differences… Continue Reading →
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 →