Mediation is the process where two disputing parties approach a neutral third party to facilitate their discussion and in doing so, resolve the conflict. This nuanced process aims to resolve the conflict efficiently and without having to resort to litigation. Therefore the modalities and the conduct of the process significantly differ from the usual courtroom setting that the parties might be used to […]
Read More
Pre-Institutional Mediation, also known as Pre-Trial Mediation, is an alternate dispute resolution (ADR) process where the parties in a feud try to settle the issues through negotiations and discussions in the presence of a mediator, before going to trial. In India, parliament has made pre-institution mediation a mandatory process, by introducing an amendment to the Commercial Courts, Commercial Division and Commercial Division of High Courts Act of 2015 […]
Read More
When dispute resolution professionals are appointed, they are expected to resolve the dispute neutrally and impartially, conforming to all the procedures irrespective of the dispute resolution mechanism. The involvement of the dispute resolution professional may vary heavily in different dispute resolution mechanisms. An arbitrator is […]
Read More
Alternate Dispute Resolution (ADR) denotes a wide range of dispute resolution processes that act as a means for the disagreeing parties to reach an agreement short of litigation. ADR can be further classified into various types, two of which are Mediation and Arbitration. The procedure followed in both arbitration and mediation is quite different. To understand the consequences when a party refuses to participate […]
Read More
A settlement is a form of an agreement which is reached at between two feuding parties during the process of mediation or conciliation. These agreements once signed by both the parties are binding. Usually, the parties make an attempt to arrive at a settlement through these processes as it saves court fees and other costs and time required for litigation. Neither party has […]
Read More
A xyresic advocate is one who has a sharp mind. Dispute resolutions often call for situations that require one to quickly come up with solutions to problems that arise. An advocate who can think clearly […]
Read More
The benefits of Alternative Dispute Resolution (ADR) for parties makes it deserving of the title of Appropriate Dispute Resolution. Chief Justice of India S.A. Bobde has recently called for legislation mandating pre-litigation mediation[…]
Read More
In the A to Zs of Alternative methods of Dispute Resolution, the Bs and Zs are often referred to in every negotiation that takes place – The BATNA and the ZOPA. You may be averse to terminologies (after all, negotiations are supposed to be simple, right?), but knowing[…]
Read More
Workplace conflict is inevitable, it can either propel or disrupt the momentum of a department or the entire organization. Sometimes things get settled by themselves, many other times when tempers flare and resentment festers, HR needs to intervene […]
Read More
The Need for alternate dispute resolution (ADR) as a subject in law schools ADR in legal education is an essential area of focus to prepare law students for the increasing use of ADR in justice systems around the globe. It […]
Read More