Category: India

Two Points: Detrimental to any Mediation Process author.

Two Points: Detrimental to any Mediation Process

I used to enjoy appearing in mediations as a counsel. Among other things, there is a lot of learning happening...

By Muhammed Rafeeque
Mandatory Pre-institution Commercial Mediation in India author.

Mandatory Pre-institution Commercial Mediation in India

This post was first published on the Kluwer Mediation Blog and is available here.The Indian parliament passed the Commercial Courts,...

By Juhi Gupta
Expectations and Self-Determination author.

Expectations and Self-Determination

The social capital of any society is education and identity. Valid identity of the individual, identity of the collective and...

By Uma Ramanathan
Actualization and Transfiguration author.

Actualization and Transfiguration

Goals, perceptions, projected defences, aspirations, and intentions tend to hijack thought processes when there is a lack of discernment or...

By Uma Ramanathan
IBA-VIAC CDRC Vienna 2017 – Where Mediation and Negotiation Cross Borders author.

IBA-VIAC CDRC Vienna 2017 – Where Mediation and Negotiation Cross Borders

IBA-VIAC CDRC Vienna 2017 - where mediation and negotiation crosses borders Following two successful editions of the IBA-VIAC Consensual Dispute...

By Gracious Timothy, Jenny Driver, Mirella Kreder
Confidentiality as a Process Control Mechanism for Dispute Resolution author.

Confidentiality as a Process Control Mechanism for Dispute Resolution

Decision making,  problem solving, transformation/resolution/dissolution of conflicts, ultimately means,  reaching a certain goal. Lopus and Oden opine that the thrust...

By Uma Ramanathan
Investor-State Mediations/Conciliation in India author.

Investor-State Mediations/Conciliation in India

The Investor-State Dispute Settlement (ISDS) mechanism is the avenue where an increasing number of investor-State disputes are being settled through...

By Gracious Timothy
The Downside of Arb-Med-Arb Procedures author.

The Downside of Arb-Med-Arb Procedures

Introduction The enforceability of settlement agreements resulting from international commercial conciliation/mediation has been long desired. Earlier, the option was to...

By Gracious Timothy
The UNCITRAL Convention on Enforceability of Settlement Agreements Resulting from International Commercial Mediation author.

The UNCITRAL Convention on Enforceability of Settlement Agreements Resulting from International Commercial Mediation

The UNCITRAL Convention on Enforceability of Settlement Agreements Resulting from International Commercial Mediation INTRODUCTION At its forty-seventh session (New York,...

By Gracious Timothy
Advocacy in Mediation author.

Advocacy in Mediation

Advocacy in simple parlance is recommendation or support or projection of a cause. Advocacy presupposes a difference of opinion or...

By Uma Ramanathan
Torch Bearers in Mediation author.

Torch Bearers in Mediation

Goals, predictions, vision statement. Frame it in any manner, what stakeholders are looking for is the fulfilment of the promise...

By Uma Ramanathan
Respect author.

Respect

“Study your theory and practice your technique, but when you are in the presence of a living soul, respond to...

By Uma Ramanathan
IBA Guidelines on Party Representation in International Arbitration author.

IBA Guidelines on Party Representation in International Arbitration

Business Conflict Blog by Peter Phillips The International Bar Association has been responsible for several definitive guidelines to assist practitioners...

By F. Peter Phillips
Solutions and Future Plans of Mediation as an ADR Method author.

Solutions and Future Plans of Mediation as an ADR Method

Mediation in our country is no more a toddler. It has started to have an identity and it is time...

By Uma Ramanathan
Increasing Legalism in International Commercial Arbitration author.

Increasing Legalism in International Commercial Arbitration

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesUniversity of Missouri School of Law Professor S. I. Strong has...

By Beth Graham
Dispute Systems Design: A Comparative Study of India, Israel, and California author.

Dispute Systems Design: A Comparative Study of India, Israel, and California

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes Janet Martinez, Senior Lecturer in Law and Director of the...

By Beth Graham
Online Dispute Resolution in Asia author.

Online Dispute Resolution in Asia

This chapter is from "Online Dispute Resolution Theory and Practice," Mohamed Abdel Wahab, Ethan Katsh & Daniel Rainey ( Eds.),...

By Chittu Nagarajan, Timothy Sze, Zhao Yun
Initiatives and Innovations for Effective, Court-Mandated Mediation author.

Initiatives and Innovations for Effective, Court-Mandated Mediation

TAMILNADU MEDIATION AND CONCILLIATION CENTRE, HIGH COURT MADRAS Paper presented at the seminar on “Mediation and the role of Referral...

By Uma Ramanathan
Need for Enhancement of Standards in Mediation Practice author.

Need for Enhancement of Standards in Mediation Practice

Presented at the 3rd National Conference on Mediation, New Delhi, 8th July 2012.I cherish this privilege conferred on me by...

By Uma Ramanathan
Cross-border Agreements into India: The Arbitration Clause author.

Cross-border Agreements into India: The Arbitration Clause

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes Cross-border agreements into India – the arbitration clause International agreements...

By Victoria VanBuren
Guest Blogger: Ashok Panikkar on the Right to Offend author.

Guest Blogger: Ashok Panikkar on the Right to Offend

New York Peace Institute Blog, the Hecklist by Brad HeckmanHere’s a guest post from my friend and peacebuilding agent provocateur...

By Brad Heckman
Peter Adler: Mediation in India: Panchayat – Video author.

Peter Adler: Mediation in India: Panchayat – Video

Peter Adler speaks of his experiences of observing how mediation occurs in rural India, by Panchayats, rural governing bodies that...

By Peter Adler
Peter Adler: Experiences Leading to Interest in Mediation: Conflict in India – Video author.

Peter Adler: Experiences Leading to Interest in Mediation: Conflict in India – Video

Peter Adler describes his Peace Corps experience in India and how it may have led to his interest in mediation....

By Peter Adler
Inter-religious Conflict Finds Forum For No-holds-barred Dialogue In Bangalore author.

Inter-religious Conflict Finds Forum For No-holds-barred Dialogue In Bangalore

Every once in awhile, if we are fortunate, we meet an individual that intuition tells us is destined for great...

By Diane J. Levin
Legislative  Initiative  For  Court  Annexed  Mediation  In  India author.

Legislative Initiative For Court Annexed Mediation In India

Mediation, Conciliation and Arbitration are historically more ancient than the Anglo-Saxon adversarial System of law. Mediation was very popular amongst...

By Niranjan J. Bhatt

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