In January 2020, the Supreme Court of India set up a committee of international experts on alternative dispute resolution (“ADR”) to draft and recommend a legislation to regulate mediation in India. On a seemingly unrelated note, by the end of March 2020, the healthcare system in the country was overwhelmed with the burden of managing … Continue reading Akshita & Rituparna on Healthcare Mediation in India – A Pound of Cure for Adversarial Litigation?
INTRODUCTION In India, if parties have chosen arbitration as a method of dispute resolution by way of an agreement, then in case of any dispute between them they have to resort only to arbitration and the courts do not interfere in the matter. But this is not true for either mediation or conciliation; there is … Continue reading Piyush Rewatkar on Enforceability of Mediation/Conciliation Clauses in India
Arbitration mainly deals with labour and contractual disputes. Even so, in today’s day and age, numerous grievances, especially in the work place involve settlement of disputes through mediation. One of the earliest and most widely known example of grievance mediation would be the United Mine Workers of America in the bituminous coal industry, which laid … Continue reading Adrija Bhowal on Mediation for Settlement of Sexual Harassment Disputes
Disputes are manifestations of “people problems rather than legal problems”. A person’s cultural background pervades the entire mediation process and must be considered while reaching mediated settlements. This becomes especially relevant in the realm of International Relations, where crises between two culturally dissimilar states are resolved through mediation. Culture itself encompasses values, norms and standard … Continue reading Aadity Pradeep on Mediation: Acknowledge the diversity before you act upon it!
Introduction The Consumer Protection Bill, 2018, was recently passed in the Indian Lok Sabha. Interestingly, Section 37 of the Bill gives District Commissions the power to refer suitable consumer disputes to mediation. This emulates the belief of the Law Commission of India in its 129thReport, and that of the Supreme Court in Afcons Infrastructure Ltd. and … Continue reading Parina Muchhala on Mediation of Consumer Disputes in India: An Aid to the Indian Legal System
This piece aims to act as a primer on court-referred mediation in family disputes by Family Courts in India. It will try and answer a range of questions starting from the power of a Family Court to refer cases to mediation and laws governing said reference, whether this power of reference in the hands of … Continue reading Kamakshi Puri on Mediation in Family Law Disputes in India
Introduction Mediation has been recognized as an alternative form of dispute settlement by Section 89 (1) (d) of the Civil Procedure Code, 1908. Recently, mediation has been gaining statutory recognition by the amendment made to The Commercial Courts Act, 2015 and also with it being introduced in the Insolvency and Bankruptcy Code, 2016 and The … Continue reading Shauree Gaikwad on Implications of Section 12A of the Commercial Courts (Amendment) Act, 2018
Introduction Mediation can be most simply defined as party oriented negotiation, facilitated by a neutral third party, helping reach a workable solution that is mutually acceptable. Mediation has existed in India since before its colonial times centuries ago through the Panchayat system but was overshadowed by Common Law during the British rule. However, it is … Continue reading Mohit Mokal on Pre-Litigation Mediation Model in India
Domestic violence sadly, is rampant and common in Indian families. Section 3 of Protection of Women from Domestic Violence Act, 2005 defines Domestic violence in a comprehensive manner, comprising of physical, mental, verbal, emotional, sexual and economic abuse, harassment for dowry, and acts of threatening to abuse the victim or any other person related to her.To put … Continue reading Alice Sharma on Domestic Violence, To Mediate or Not to Mediate
Introduction Mediation is about reaching a mid-position where all parties benefit out of the decision so made. It is largely based on negotiations and the bargains each party is committed to make, in order to bend the outcome in their favour. Each party weighs the pros and cons of a situation has to offer and … Continue reading Anmol Mathur on Bargaining as a Core to Mediation