Asia Section


Asian Mediation Articles


Mukti Rijal

Quality Mediation Practices

(2/28/22)Mukti Rijal

Today, facilitative mediation has become widely accepted formally and officially as the means of the dispute resolution in the rural communities of Nepal.

Pitamber Yadav

Stepping into the Unknown – “Standards Applicable” to Mediators under Singapore Convention on Mediation

(2/18/22)Pitamber Yadav

In this article, I will highlight the issue emerging from the omission in Article 5(1)(e) of the Singapore Convention on Mediation.

Maria Simpson

Rebuilding Teams

(2/11/22)Maria Simpson

Teamwork is basically doing what’s best for reaching the team’s goals—the team’s success is greater than any individual’s success.

Pitamber Yadav

Model Tenancy Act (2021) - A Missed Opportunity for Mediation in India

(1/31/22)Pitamber Yadav

Though the Union Cabinet has adopted measures in the Model Tenancy Act, 2021 (hereinafter the ‘Act’) which seemingly aim at shrinking delays in resolving landlord-tenant disputes, but most glaring is the omission of an internationally accepted tool of dispute resolution, i.e. mediation.

Bryanna Rainwater

CPR International Conference Highlights: ‘Effects on Cross-Border Disputes After the Singapore Convention’

(11/16/21)Bryanna Rainwater

According to the Singapore Convention on Mediation’s website, the Convention is a “multilateral treaty which offers a uniform and efficient framework for the enforcement and invocation of international agreements resulting from mediation.”

Aashna Reddy

Mandatory Mediation in India - A Step Forward?

(10/30/21)Aashna Reddy, Udai Nanda

“I think the time is ripe to devise a comprehensive legislation which contains compulsory pre-litigation mediation and a remedy for the biggest drawback in a mediation agreement."

Tara Ollapally

Mediation Development in India

(8/13/21)Tara Ollapally

India has been facing a pendency issue in our court system which has been growing progressively acute. At present, we have over 40 million cases pending before our courts – 4 million more compared to Feb 2020.  As part of the reforms to the justice system to better manage the backlog there has been a concerted push to ADR processes.

Kenneth Cloke

Race and Caste, Gender and Patriarchy, Wealth and Class: Mediating the Systems, Structures, and Sources of Prejudice

(6/16/21)Kenneth Cloke

As a society, we have not resolved many enduring disputes, or convinced each other, or even discussed them intelligently, but ended up instead screaming at one another, clashing violently, and being prepared to manipulate, and even jettison the entire democratic process if it doesn’t back the candidates and policies we support.

Hiro Aragaki

An AAPI Neutral’s Perspective on Culture and Contract Interpretation

(6/01/21)Hiro Aragaki

Something interesting has happened to me in the past year or so: I started seeing many more cases where two or more parties were Asian, a term I will use to mean both “Asian-American” and “from Asia.”

Jim Melamed

Full Video Posted of Forum on the Global Growth of Mediation

(4/19/21)Jim Melamed, Forrest (Woody) Mosten

How do we best support the growth of mediation around the world?  This Forum shared the perspectives of panelists from Nigeria, Argentina, Russia and India who compared and contrasted their experiences with online mediation and online training in developing mediation cultures. 

Colin Rule

Mediate is Top Ranked Mediation Website

(4/15/21)Colin Rule

Mediate.com is ranked the top mediation website by Alexa in its April 14, 2021 global website rankings. In business since 1996, Mediate.com has over 25,000 searchable mediation articles, blog posts, news items and videos and hosts the most utilized mediator directory in the world.

Consumer Protection BC

The Singapore Convention on Mediation - Where’s Europe?

(3/26/21)Consumer Protection BC, Henneke Brink

International commercial mediation - what a settlement agreement can do.

The Singapore Convention and the JAMS/SCMC Joint Mediation Panel

(10/16/20)Gary Birnberg, Ranse Howell

This article discusses new opportunities for cross-border mediation, collaboration and dialogue.

Mediated Settlement Agreements in India - To Enforce or Not ?

(10/09/20)Ved Thakur, Yash More

Article 30 of the UNCITRAL Model Law on International Commercial Arbitration encourages resolution of disputes through a settlement between parties by way of mediation.

Gregg Relyea

Conflict During COVID--Combined Voices from all Seven Continents

(8/28/20)Gregg Relyea, Kenneth Cloke, David Bogan, Carla Marcucci, Hitoshi Suzuki, Adedoyin Rhodes-Vivour, Rory O'Connor, Andrea Maia

This article combines voices from all 7 continents as they discuss how COVID has affected the conflict resolution field around them.

Sandhya Swaminathan

Mediation in India: Do we Practice what we Preach?

(8/06/20)Sandhya Swaminathan

The reality of mediation practice in India is in stark contrast to mediation taught in theory.

Aloysius Goh

1st Key-Leadership: The Youth Shall Lead Us

(7/30/20)Aloysius Goh, Sean Lim, Samantha Lek, Megan Tay

Humbling as it may be for adults to admit, the sages who can unlock the Golden Age of mediation may actually be the youth.

S Kushi

The Delhi Pact, 1950: Negotiating to Not Wage War

(7/28/20)S Kushi

This article critically analyses the various flaws in the 6-day negotiation that took place between the Indian and Pakistani Government with respect to the Liaquat-Nehru Pact. It throws light on the fact that though this negotiation wasn't principally ethical or viable but was very much required to save the world from becoming a spectator to yet another war.

Uma Ramanathan

REACH the Three Components of Self-Determination

(7/25/20)Uma Ramanathan

Conflict is inherent and pulsating in every situation or aspect of life.

Hitoshi Suzuki

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Asia

(7/10/20)Hitoshi Suzuki

This series examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Asia.

Jonathan Rodrigues

Mumbai Set to Host India’s First Masters Course in Mediation

(6/08/20)Jonathan Rodrigues, Tanu Mehta

Mediation in India has taken giant strides over the last few years. The new course offerings are a testament to these advances.

Alberto Elisavetsky

Online Dispute Resolution (ODR): The Great Tool in Times of Pandemic

(5/29/20)Alberto Elisavetsky, Maria Victoria Marun

Those of us who have been working for many years, not only in the academic field, but also in a practical way in On Line Dispute Resolution (ODR), that we call on line or electronic, feel that in these times "the future is here ”

Tara Ollapally

Making Sense of COVID Through the Lens of Mediation

(5/08/20)Tara Ollapally

As I look out of the window of my home office and take in the stillness of a complete lockdown that has been imposed in the wake of COVID-19, I am struck by the sense of balance that exists amidst the chaos and panic that also overwhelms me.

Sandhya Swaminathan

Mediating Amidst a Crisis: Is Online Mediation a Solution for India?

(5/08/20)Sandhya Swaminathan, Kartikeya Singh

Dispute resolution mechanisms in India on the other hand, have not kept up with time and technology.

Jonathan Rodrigues

Crisis Communication & Covid-19: Did our politicians test positive for ‘empathy’?

(4/13/20)Jonathan Rodrigues

This article is an opinion piece by one reader and examines if our world leaders responded to the COVID-19 crisis with empathy.

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