Gracious T. Dunna
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Gracious Timothy Dunna
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A-21, East of Kailash
New Delhi, 110065
Description of Practice
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.
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.
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.
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
Areas of Practice
- Civil (general)
- Cross Cultural
- Real Estate
- Mediation Consultant
- Representational Lawyer
- Strategic Planning
- Mediating Lawyer