Asia Section


Asian Mediation Articles


Ranse Howell

The Business of Disputes in Sports: A Chinese Perspective

(12/12/19)Ranse Howell

As part of a broader commitment to expand JAMS’ global footprint, the JAMS International Operations group recently organized an event in Beijing, China.

Stanley Santire

New Horizon for International Commercial Mediation: The Singapore Convention

(12/06/19)Stanley Santire

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.

What a Himalayan Adventure Taught Me About Connection and Dialogue

(11/15/19)Henry Yamposky

Join Henry as he shares his Himalayan motorcycle adventure through pictures and video as well as what he learned about identity, connection, and dialogue.

Phyllis Pollack

Have Faith in Another’s Honesty!

(11/08/19)Phyllis Pollack

In any given mediation, I am often asked whether I think the other party is telling the “truth”, can she be “trusted”?

Interdisciplinarity Mediation and the Singapore Agreement

(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.

Jim Melamed

Mediate.com Launches MediateIndia! Proven Bridge Between Professional Mediators and the Public

(10/20/19)Jim Melamed

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!

Jonathan Rodrigues

TED talk- Did Your Lawyer Mention Multi-door Dispute Resolution System?

(9/29/19)Jonathan Rodrigues

33 million cases are pending in the courts of India as of 2019--what is the answer?

Bruce Edwards

Interview with Bruce Edwards - The Future of Mediation and Mediation in India

(9/23/19)Bruce Edwards

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.

Sandeep Bhalothia

Mediation in Domestic Violence Case: Whether to Use or Not to Use? – An Indian Perspective

(9/21/19)Sandeep Bhalothia

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.

Comparing Mediation And Lok Adalat: Toward An Integrated Approach To Dispute Resolution In India

(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.

Jonathan Rodrigues

Reintroducing Mediation To Millennial India

(9/20/19)Jonathan Rodrigues

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.

F. Peter Phillips

Arbitration in India

(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.

Mediation in India

(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.

Peter Adler

Disputing at a Panchayat Meeting

(9/14/19)Peter Adler

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.

India Expands Court-Annexed Mediation

(9/12/19)

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)

Swati Sharda

Mediation for Timely Justice: Need of the Hour in India

(9/11/19)Swati Sharda

Indian courts are now coming to favor mediation for the long run.

Mint TV

Mediation Gains Popularity in India (video)

(9/10/19)Mint TV

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!

Jonathan Rodrigues

India’s Internet Citizens Can Finally Settle Online!

(9/07/19)Jonathan Rodrigues

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?

Jane B. Garzilli

Gandhi as Guiding Star: Servant Leadership in Mediation

(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.

Bangladesh Short on Trained Mediators

(8/30/19)

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)

Mediation-A Resource of the Rural Poor in India

(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.

Jonathan Rodrigues

Safeguarding the Pillars of Mediation in India

(8/26/19)Jonathan Rodrigues

When mediating in India, adhering to the ‘four pillars’ is key.

Prathamesh D Popat

ADR In INDIA

(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.

Eileen Barker

What Would Gandhi Do?

(8/01/19)Eileen Barker

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?

Jody Sin

Enlisting the Involvement of Organizational Ombuds to Resolve Workplace Conflicts at Public Schools in Hong Kong

(5/08/19)Jody Sin

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.

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