In this article, I aim to identify two opposite interests associated with the settlement of domestic violence cases, and look at the Indian law to see how those two interests are equitably balanced, therefore, providing a recommended way forward, not necessarily a perfect one, to handle cases related to domestic violence.
(9/17/19)F. Peter Phillips
In this research paper I will analyze and comment on India’s arbitration and jurisprudence from pre-colonization to post-colonization in 1947. In Part I, I will briefly discuss the goal and purpose of arbitration, for those who are unfamiliar with them, and I will delve into the history of India’s arbitration, including the major legislative acts and arbitration institutions.
(9/16/19) D .K. Sampath
D .K. Sampath provided mediation services through the Tamil Nadu State Legal Aid & Advice Board in India. In this article he reflects on the use of mediation to resolve workplace disputes in the banking and insurance industry.
In this blog post, Saakshi Jain, student, Amity University, Lucknow Campus writes about Mediation, a must and compulsory process in India. This post also covers the need, advantages, and disadvantages of mediation and its impact on Indian divorces.
What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?
Differences arise due to contrasting goals and demands and due to inability to perceive and acknowledge the stand of the other person.
When I was twenty-two years old, I did a two-year stint as a Peace Corps Volunteer. Here is a brief account of a dispute resolution meeting with a local governing council called the panchayat.
"Between the Fact and Non-Fact is the Conflict," this statement is so blatantly simple that one wonders why we have not been able to dwell on this and recognize that this pulsating split second wonder can have appalling or astounding consequences.
This article is a look at the implications of communication skills in the context of family mediation and recommendations.
Mediators need to formulate and ask incisive questions that challenge entrenched thinking and shift perspectives.
Discrimination is a tightening net of issues and demands around HR.
When we talk about an interpersonal dispute between two people, we commonly say there are two sides to every story – the other person’s version of events and issues and our own.
In her scholarly work, Professor Sternlight looks at the potential good and bad aspects of online dispute resolution (“ODR”).
Diversity in ADR is an important topic of late.
(9/12/19)Gracious Timothy, Tanima Tandon
In our respective professional lives, each of us have had a fair experience of the approach that advocates have towards in-house counsels and vice-versa.
(9/12/19)Gregg Relyea, Niranjan J. Bhatt
To resolve litigated disputes, Indian courts are using a variety of modern methods, including mediation, and traditional methods, including Lok Adalat, on a broad scale. Lok Adalat (the "people's court") is derived from the ancient panchayat system of justice, where panchas, village elders, helped people resolve their disputes.
Indian courts are now coming to favor mediation for the long run.
This excellent news report from India shows the new Delhi Mediation Center. Unfortunately, it seems that the sign above the door inadvertently says "Meditation Room." Oops!
Advanced mediator discusses interpersonal communication in this Toastmasters interview.
This millennial generation demands quick, accessible and tech-ridden supply of solutions to all its needs. How, then, does this generation remain indifferent and accommodating of the traditionally inefficient court system?
The importance of mediation lies in the fact that it is a confidential process and comes at a low cost as compared to litigation. It focuses on the interests of both parties and is a much less aggressive process than litigation/arbitration thus offering a win-win situation for all parties involved.
(9/06/19)Jane B. Garzilli
Servant leadership seems to fit well with mediation. Like Gandhi, we mediators paradoxically lead and follow at the same time.
Whether it is a minor slip of the tongue or an entire foot in the mouth, either can lead to some uncomfortable moments followed by the instinct to explain what was “really meant.”
"Although the mediation lasted an entire day, it did not settle. Why? There was no framing, process or empathy."
As soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving.
Are you stuck in a rut in your relationship with someone?
Trust in an experienced mediator is the same whether a mediation participant interacts with that mediator via video or face-to-face, according to recent research.
What this means is that while women are not recognized for the skills at which they might be inherently better, it also means that we are failing men by not highlighting opportunities for growth and improvement.
(9/06/19)Ronald S. Kraybill
Life spares none from conflict. But unfortunately the word has not yet reached the schools that train professionals.
This is an interview with Susan Podziba, where she discusses how her life has been aimed at resolving public policy disputes and finding the virtue in our society.
Harvard Negotiation Institute’s Samuel Dinnar shares his recommendations.
Mediation is now the toast of the day in America, Canada, Australia, the UK and many parts of the European Union. The developing economies of the world are now exploring this medium of dispute resolution.
Working with families to help an older adult identify how they want to spend their final years and communicate it to all involved parties.
This paper discusses pivotal elements of the 21st Century identity crisis within and about the American mediation industry.
Given that none of us have a crystal ball, it would be a poor use of time to attempt to infer how the upcoming presidential election will affect Title IX enforcement, which has changed significantly in the last 10 years.
It happens, at times, that our conflicts get blown out of proportion.
In her journal article, Associate Dean Gross discusses some concerns related to using arbitration in commercial disputes.
Empowerment and recognition shifts can happen between people whose interaction has fluctuated for years.
(8/26/19) D .K. Sampath
This article has taken for its theme, the legal services to the rural poor and other disadvantaged
groups. Particular reference is made to the role of law schools in delivery of such services. What
follows is a report on an attempt to deliver mediation as a dispute resolution resource under the
leadership of the Tamil Nadu State Legal Aid & Advice Board of Madras with Justice
Sri.N .Krishnaswamy Reddiar as Chairman.
When mediating in India, adhering to the ‘four pillars’ is key.
While many employees face workplace challenges like co-working conflicts or miscommunication, a bad leadership style can be even more catastrophic.
Mediating with Families is an excellent resource both for practitioners and teachers/trainers of family mediation. It includes a broad discussion of family mediation, with techniques, case examples, resources and theory. It is an excellent addition to the field.
In my various mediator trainings, the use of an apology as a means of resolving a dispute has often been discussed and advocated.
Racial discrimination is a problem that’s bubbling under the surface of workplaces.
Workplace mobbing can make you feel crazy.
In August, the Michigan Supreme Court launched MI-Resolve, a free online dispute resolution tool.
When most people think of high conflict people (HCPs), they think of bad behavior. The goal seems to be to get them to STOP their bad behavior, by verbally motivating them to have insights into how bad they are acting. However, the high conflict behavior of HCPs is not driven by logic and self-awareness.
Every marriage goes through some rough patches, and unfortunately, trying to figure it out on your own can often lead to crucial things being left unsaid and strong relationships ending up on the rocks.
What can mediators learn from dog training?
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The objectives in a mediation are much different than in litigation; but often the differences are overlooked.