• 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

    Mediating Workplace Sexual Harassment Claims

    Reading Time: 4 minutes With the increase in access to alternate dispute resolution mechanisms, the time has now come to critically analyse if all kinds of disputes are eligible to go in for out of court dispute resolution mechanisms. Of these, the case for mediating sexual harassment cases is now being hotly debated. Mediation seems to fit the harassment rubric ideally for it allows the parties to express strong emotions, allows the victim to confront the harasser directly and does away with the emotionally and psychologically exhaustive court procedure for seeking justice (Young Mediate.com, 2006). But mediation is not a one-size fits-all method of dealing with sexual harassment and each…

  • Consensual Dispute Resolution

    Confidentiality in Mediation

    Reading Time: 4 minutes Introduction Disputes are an inevitable outcome of human interaction. Alternative Dispute Resolution (hereinafter referred to as “ADR”) refers to methods by which dispute can be resolved outside of litigation. There is no perfect resolution procedure and ADR is not a panacea to everything that is wrong with the adversarial system, but it still has benefits over traditional litigation. Not only is there an absence of prolonged procedural delays but also more flexibility in shaping the process and outcome of the dispute. Additionally, relationships are preserved and satisfaction levels are higher. Arbitration, Conciliation, Negotiation and Mediation are different methods for alternate dispute resolution. Mediation is a form…

  • Consensual Dispute Resolution,  Interviews

    Jack Rathie, Winner of the 2018 ICC Paris Mediation Competition shares his experience on winning the prestigious competition.

    Reading Time: 4 minutes   The ICC Mediation Competition is the world’s most coveted moot centered on international commercial mediation. The 13th edition of the competition was held in Paris from 2nd – 7th February, 2018. The University of New South Wales , Sydney (“NSW”) emerged as the winner of the competition, securing a victory against Saint Joseph University of Beirut. We interview Jack Rathie, a member of the team representing NSW. Jack Rathie is a fifth year Bachelor of Commerce and Law Student at NSW. He has competed in numerous mediation and negotiation competitions, recently winning the 2018 ICC Paris Mediation Competition. He is interested in how technology, communication,…

  • Uncategorized

    From the Editorial Board

    Reading Time: 3 minutes Welcome to the Mapping ADR Blog. The legal profession has witnessed the uninterrupted growth of Alternative Dispute Resolution (“ADR”). Globalisation and the rise of cross-border transactions have only propelled this paradigm shift, thus giving way to a multitude of complex legal issues. India has not remained untouched from this growing impetus. There is an increasing push from the legislature to encourage settlement of disputes through arbitration. The Arbitration and Conciliation (Amendment) Act, 2015 (“Amendment Act”) aimed to provide for the timely completion of arbitral proceedings by setting time periods for making the arbitral award and the disposal of cases by courts. It also sought to reduce…

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