Introduction Alternative Dispute Resolution, as the name suggests is the method of solving a private/personal dispute outside the court of law. There are several advantages of ADR which include speedy administration of justice, prevention from long waiting hours, self-paced process, client-friendly process, cost-effective process, and so on. ADR is the future of law. Actually, some commentators have cautioned… Read More »
“Mediation is a process by which an impartial third person (sometimes more than one person) helps parties to resolve disputes through mutual concessions and face-to-face bargaining… The mediator does not force parties to settle their dispute but tries to convince them that they and their family will benefit from reaching an agreement. The mediator helps the parties understand… Read More »
Arbitration is a more efficient way of providing justice as compared to litigation.In India, the procedure of arbitration is governed by the Arbitration and Conciliation Act, 1996, which was amended in 2015. The patrons of the act, the then Chief Justice of India and the Chief Ministers were of the opinion that Courts of the country were not… Read More »
Mediation in Inter-State Water Disputes – The problem in the sharing of river water lies in the fact that the riparian states in whose territory the river originates plays a very important role in the quantity of water that the other states get. INTRODUCTION Water is considered to be the source of dispute and the major reason for… Read More »
This article deals with international cases of successful mediation. With the advent of the various international institutions which provide mediation services to their international customers, confidentiality is maintained to the highest level possible of the counties. However, there are successful case counts showing internationally successful mediation sessions concerning different international parties. INTERNATIONAL MEDIATION The cases where the mediation… Read More »
Third-Party Funding is an arrangement where another funder helps to bear the expenses in the legal process of dispute resolution. The third-party may seek to be made a party of the suit and thus have a share of profits or may seek interest for the amount disbursed in instalments. I. What is third party funding in international arbitration?… Read More »
Introduction Workplace mediation is a type of mediation followed in the disputes which are an amalgamation of all the labour, employee and industrial disputes mainly related to the professional arena. This includes labour strikes, professional mistakes, employer-employee disputes, employee disputes etc. All kinds of organizations -public or private have three important considerations in common -Reputation, Reliability and Revenue. … Read More »
Negotiation meaning: Negotiation is the process of dispute resolution between parties, through mutual understanding and agreement where there is no involvement of the third party. Introduction Negotiation as the name suggests means discussion with the objective to solve the issue at hand which is also called the negotiation problem. Nelson Mandela mentioned that “Negotiation and discussion are the greatest… Read More »
There are certain common principals which are followed by the mediators at the time of the mediation session. Several organizations have draft ground rules for the mediators to follow. The Common Ethical standards followed in the Mediation Process are – Impartiality, Integrity, Confidentiality, Honesty, Self-Determination etc. Introduction Mediation is a client-driven process. Here the parties appoint a neutral third party to mediate in a… Read More »
There are several strategies that one can adopt to effectively continue the negotiation process but here we will discuss 4 major Negotiation Strategies: 1.Bargaining, 2.Roger Fisher And William L. Ury, 3. BATNA, ZOPA. Introduction Negotiation is a subtle art which is often used these days by the scholars and the critics of the legal fraternity. Patricia Bizzell and Bruce… Read More »
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