Asian Mediation Articles
As part of a broader commitment to expand JAMS’ global footprint, the JAMS International Operations group recently organized an event in Beijing, China.
The fundamental concept of the Convention began in 1958 with the signing of the New York Convention. That concept is the obligation of contracting nation states to give effect to private agreements emerging from alternative dispute resolution.
Join Henry as he shares his Himalayan motorcycle adventure through pictures and video as well as what he learned about identity, connection, and dialogue.
In any given mediation, I am often asked whether I think the other party is telling the “truth”, can she be “trusted”?
(11/04/19)Alberto Elisavetsky, María Victoria Marun
Every action of life implies a movement of the framework of human rationality, of the interdisciplinarity of things, because it is linked to countless facts and actions of life.
Mediate.com, the world’s most visited dispute resolution site and most used mediator directory, has launched MediateIndia! CAMP, based in Bangalore, is the Foundational Sponsor for MediateIndia!
33 million cases are pending in the courts of India as of 2019--what is the answer?
This is a new interview of Bruce Edwards by Mediate.com's Managing Editor, Dr. Clare Fowler. Mr. Edwards discusses the growth in the field of mediation generally and the growth of mediation in India specifically.
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.
(9/20/19)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.
For mediation to flourish into the future, mediation practitioners and lawmakers in India need to rethink the nation’s policies and strategies in promoting mediation to a generation of millennials.
(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.
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.
Continuing efforts to spread mediation practice throughout India, the New Delhi High Court recently opened a mediation and conciliation center at the court. Court-annexed mediation is intended to ease the burden on the court and reduce the time for resolving disputes, as the number of cases increases with industrialization and economic policies promoting new businesses.
Indlaw Communications Pvt. Limited (May 29, 2006)
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!
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?
(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.
Discussing both the successes and challenges of mediation in Bangladesh at a roundtable organized by the Bangladesh Legal Aid and Services Trust, Justice Mustafa Kamal stated the need for more trained mediators to allow judges to disengage from mediation. Justice Kamal noted that results have varied, with family mediation program success rates varying from 35% to 83%. Mediation has resulted in a ten-fold increase in debts recovered and has been extended to appellate cases. Justice Kamal suggests creating a training institute that would certify mediators.
The Daily Star (April 29, 2007)
(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.
(8/11/19)Prathamesh D Popat
Every society, every community, every culture has some or the other form/s of resolving the disputes faced by their constituents. Often, the longer and more prosperous the lineage, the more refined and varied the mechanisms.
While the rewards are great, working as a mediator can be very challenging. We are called upon to help people navigate some of life’s most difficult problems. I sometimes think: If I could seek guidance from any wise person, past or present, who would it be?
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This article advocates the establishment of organizational ombuds by the Education and Development Bureau in Hong Kong to complement its current system to resolve workplace conflicts at public schools.