Professional Details

Gracious T. Dunna
Associate Mediator

Gracious Timothy Dunna

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A-21, East of Kailash
New Delhi, 110065
IND
7042377468

Description of Practice

An experienced Advocate and counsel with a demonstrated history of working in commercial arbitrations (and related litigation), contract and commercial disputes, and international litigation. Skilled in negotiation, mediation, and legal writing. A firm grounding in contract and commercial laws, as well as public and private international laws. A strong academic background with a Master of Laws focused on international arbitration and U.S. law from Straus Institute for Dispute Resolution at Pepperdine University School of Law. Currently, based in New Delhi and practicing law independently, with a primary focus on arbitrations seated in India and related-litigation. In addition, regularly offering legal advice/ opinion and strategy in international litigation, arbitration and related-cases on procedural, substantive, and cross-border or transnational issues. Accepts appointments as arbitration and mediation counsel,and arbitrator and mediator.

Professional Background

My primary areas of practice have been domestic and international commercial arbitration. This experience has included arbitration-related litigation, particularly with respect to applications seeking provisional measures, set-aside awards, and refuse recognition and enforcement of foreign awards. My experience has largely been in industries like infrastructure, construction, engineering, power, international sales, and employment. I have also practiced in areas of domestic and cross-border commercial litigation pertaining to contract disputes, like agreements pertaining to dealership-distributorship, license, collaboration, construction, and consultancy. Besides contentious work, I am trained and experienced in consensual dispute settlement. My practice, as a mediation advocate, has predominantly been in commercial disputes and family-business disputes. Additionally, as an accredited mediator, I have had relevant experience in cross-border mediation under the auspices of a mediation institution. As for areas of interest in research and teaching, I have focused on issues relating to public international law, international commercial and investor-State arbitration, and international commercial litigation. I also have an academic interest in subjects like interpretation of statutes, principles of international commercial contracts, and ethics and advocacy in international arbitration, which are highly relevant and regularly confronted in practice.

Approach

In my experience, a settlement is the natural byproduct of superior decision-making, which in turn requires the mediator to make sure everyone has the best and most information possible. Then it’s possible to consider all the options fairly and find the best solution wisely and calmly. With that as a backdrop, and assuming we’re dealing with people with normal psychological profiles, a settlement will result nearly every time. When it doesn’t, all involved have a clear understanding of why – and they have made a clear decision not to settle because the other side is, in their view, either too greedy or stingy. Undue pressure to settle leads mediators to behave in a way that makes them seem desperate, powerless and ineffective. That’s why my focus is on facilitating others’ negotiation (which is good mediation) versus negotiating for others (which is not). The process emphasizes direct communication between the sides, many times between the lawyers (in what I call attorney summit meetings without clients present), sometimes with everyone present in a traditional joint session. The mediator, lawyers, and clients all have distinct roles. The clients’ role is to make the ultimate decision to settle or not, based on all their interests, needs and values, as well as on their lawyers’ advice with the assistance of the mediator. I believe this is why clients are often so happy with the results and the process and with the performance of their lawyers. Their role is recognized and honored.

Fees

The lump sum fee for a commercial mediation is generally dependent on the value of the disptue (or the deal) and as well as Schedule IV of the Arbitration & Conciliation Act 1996 (calculated with a reasonable concession, given the nature of the case). A fee structure that bills per day may also be structured, given the value of the dispute (or the deal) and the nautre of the case. Both fee structures (lump sum and per day billing) will be inclusive of reasonable preparation time, eight hours of running time on the day of the mediation and reasonable follow-up time, if necessary. Additional time on the day of the mediation will be billed to the parties at an hourly rate. No Administrative Fee or Case Management Fee No charge for travel time No charge for reasonable preparation and follow up time No charge for photocopying, postage or telephone

Other Information

Mediation briefs are recommended. Generally, the best practice is for counsel to consider preparing a brief to be exchanged with opposing counsel, and a supplemental “confidential” brief to be provided only to Jeff. The first brief, to be exchanged with opposing counsel, should be prepared on line-numbered pleading paper. The supplemental “confidential” brief should be prepared on counsel’s letterhead. Jeff recommends that clients be provided with opposing counsel’s brief, as well as their own, in advance of the mediation, so that clients can be prepared as well as possible to discuss the concerns which are likely to arise at the mediation. Briefs are requested five business days before the date scheduled for the mediation.

Areas of Practice

  • Appellate
  • Business
  • Civil (general)
  • Commercial
  • Construction
  • Contracts
  • Cross Cultural
  • Employment
  • Energy
  • Engineering
  • Franchise
  • General
  • Government
  • Hospitality
  • International
  • Partnership
  • Real Estate
  • Technology

Professional Services

  • Mediator
  • Mediator-Arbitrator
  • Mediation Consultant
  • Representational Lawyer
  • Strategic Planning
  • Mediating Lawyer
  • Arbitrator

References

Anil Xavier President, Indian Institute of Arbitration & Mediation Paul Eric Mason International Arbitrator & Mediator Nadja Alexander Professor of Law, Singapore Management University Sriram Panchu Senior Advocate

Attachments

      CV, Gracious Dunna.pdf CV, Gracious Dunna.pdf