• Mediation

    Mohit Mokal on Introduction to Mediation

    Reading Time: 4 minutes Two ancient cases recently got some public attention due to the media. Dating back to 1914 and 1952 are still at the initial stages and are far from attaining any finality. Both the instances are civil cases relating to separate property disputes which have surpassed generations of original plaintiffs and defendants. It has taken a heavy toll on the parties not just of the piling legal costs and expenses but also their physical and mental health. The 1914 case was regarding 9 Acres of land originally owned by Azhar Khan. Which the court divided in a maintenance claim; the wife was entitled to 25% while the…

  • Mediation

    Shauree Gaikwad on Implications of Section 12A of the Commercial Courts (Amendment) Act, 2018

    Reading Time: 6 minutes Mediation has been recognized as an alternative form of dispute settlement by Section 89 (1) (d) of the Civil Procedure Code, 1908[1]. Recently, mediation has been gaining statutory recognition by the amendment made to The Commercial Courts Act, 2015 and also with it being introduced in the Insolvency and Bankruptcy Code, 2016 and The Companies Act, 2013. Mediation first came to be legally recognised as a method of dispute resolution in the Industrial Disputes Act, 1947. Later on, the Alternative Dispute Resolution and Mediation Rules, 2003[2]provided for mandatory mediation. But when it came to commercial cases, it still didn’t shape up to be a popular form…

  • Mediation

    Kamakshi Puri on Mediation in Family Law Disputes in India

    Reading Time: 6 minutes This piece aims to act as a primer on court-referred mediation in family disputes by Family Courts in India. It will try and answer a range of questions starting from the power of a Family Court to refer cases to mediation and laws governing said reference, whether this power of reference in the hands of the judge is discretionarily or mandatory and whether any agreement/ decision out of the mediation process would be binding on the parties. This process will likely uncover issues with the mediation process in India. Family disputes in this context would include matrimonial, child custody and spousal or children maintenance disputes but…

  • Mediation

    Parina Muchhala on Mediation of Consumer Disputes in India: An Aid to the Indian Legal System

    Reading Time: 4 minutes Introduction The Consumer Protection Bill, 2018, was recently passed in the Indian Lok Sabha. Interestingly, Section 37 of the Bill gives District Commissions the power to refer suitable consumer disputes to mediation. This emulates the belief of the Law Commission of India in its 129thReport, and that of the Supreme Court in Afcons Infrastructure Ltd. and Anr. v. Cherian Varkey Construction Co. Pvt. Ltd. and Ors.,that mediation can lead to settlement of claims for aggrieved consumers. A closer examination of the bill further reveals its intention to institutionalise the mediation framework across the country.[1]It remains to be seen, however, while the bill still remains pending before…

  • Negotiation

    Ethics and Disclosure of Information in a Negotiation

    Reading Time: 4 minutes A negotiation aiming at an equivalent “win-win” gain to both parties may be idealistic and naïve. Rather, a realistic degree of satisfaction wherein both parties are in a mutually agreeable positioning to fulfill their needs whilst satisfying the obligations of the opposing party is ideal. This may not be equally benefiting for both parties but one which benefits both to differing extents.

  • Mediation

    Dayawati v. Yogesh Kumar Gosain: Expanding The Scope of Mediation to Criminal Matters?

    Reading Time: 5 minutes Alternative Dispute Resolution (ADR) mechanisms are deep-rooted in Indian society. Since the ancient period ADR techniques like panchayats have played an important role in village level dispute resolution.[i] In the recent times, mediation has emerged as the most preferred mode of dispute resolution in which a neutral third party assists the parties at dispute to arrive at consensus with concrete effects. On 17th October, 2017, a division bench of Delhi High Court delivered the judgement in Dayawati v Yogesh Kumar Gosain  (Hereinafter “Dayawati”) and held that a criminal compoundable case of ‘cheque bounce’ under section 138 of Negotiable Instrument Act, 1881 (Hereinafter “The NI Act”), can…

  • Mediation

    Mediation: Acknowledge the diversity before you act upon it!

    Reading Time: 4 minutes Disputes are manifestations of “people problems rather than legal problems”. A person’s cultural background pervades the entire mediation process and must be considered while reaching mediated settlements. This becomes especially relevant in the realm of International Relations, where crises between two culturally dissimilar states are resolved through mediation. Culture itself encompasses values, norms and standard practices commonly used by a group that is “internally approved and sanctioned” in the daily routines of people. [1]Our behavioural reactions and assumptions of life are the products of the environments we live in and this social conditioning determines the way in which a problem is approached. This, also, means that…

  • Consensual Dispute Resolution

    Decoding the Mandatory Mediation rule: An Analysis of Section 12A of the Commercial Courts Act, 2015

    Reading Time: 4 minutes Section 12A was inserted in the Commercial Courts Act 2015 by way of the “The Commercial Courts, Commercial Division and Commercial Appellate Division of High Court (Amendment) Ordinance of 2018.” The main aim of this insertion was to ensure that the remedy of pre-institution mediation is exhausted before the filing of any commercial disputes. This was a conscious step taken so as to hope that it would help India’s ranking in the Ease of doing business index. This report is released and tabulated by the World Bank. Section 12A(1) of the Act clearly iterates that any suit that would not contemplate any urgent relief under the Act…

  • Consensual Dispute Resolution

    Lok Adalat: A Brief Overview

    Reading Time: 5 minutes At the time of the formal adoption of the Indian Constitution in 1950, there existed a unified structure of courts and laws, which were left undisturbed, as their removal or modification would have signified the upheaval of the entire judicial structure. Disputes of all citizens were settled through a well-defined and recognised system of litigation. The courts have formal rules for settlement of disputes and their decision is binding on the parties, but is subject to appeal to the higher court. The system is highly technical and formal, and the judge controls the proceedings as well as the outcome of the litigation. However, litigation does not…

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