Asian Mediation Articles
Today, facilitative mediation has become widely accepted formally and officially as the means of the dispute resolution in the rural communities of Nepal.
In this article, I will highlight the issue emerging from the omission in Article 5(1)(e) of the Singapore Convention on Mediation.
Teamwork is basically doing what’s best for reaching the team’s goals—the team’s success is greater than any individual’s success.
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.
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.”
(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."
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.
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.
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.”
(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.
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.
(3/26/21)Consumer Protection BC, Henneke Brink
International commercial mediation - what a settlement agreement can do.
(10/16/20)Gary Birnberg, Ranse Howell
This article discusses new opportunities for cross-border mediation, collaboration and dialogue.
(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.
(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.
The reality of mediation practice in India is in stark contrast to mediation taught in theory.
(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.
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.
Conflict is inherent and pulsating in every situation or aspect of life.
This series examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Asia.
(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.
(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 ”
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.
(5/08/20)Sandhya Swaminathan, Kartikeya Singh
Dispute resolution mechanisms in India on the other hand, have not kept up with time and technology.
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This article is an opinion piece by one reader and examines if our world leaders responded to the COVID-19 crisis with empathy.