• Consensual Dispute Resolution

    Dependency and Power: Removing Hardwired Hindrances to Negotiation

    Reading Time: 5 minutes The Traditional Lawyer vs. The Modern Lawyer With the advent of globalisation and modernisation, the role of a lawyer is no longer restricted to the courtrooms. The essence of being a lawyer is to able to protect the best interests of one’s client, and to resolve the disputes which have arisen. Generally, the preferred method of resolution depends on the nature of a dispute. While the adversarial approach is necessary for certain types of disputes, it should not be the ‘go to’ option for all. The emergence of negotiation as the preferred means for dispute settlement for commercial and corporate disputes has changed the traditional definition…

  • Consensual Dispute Resolution

    Hostage Negotiations: To Concede or not to Concede?

    Reading Time: 5 minutes Hostage negotiations are one of the most critical areas of research in the recent times and require the work of skilled negotiators and psychologists to determine whether or not a no concession strategy must be adopted. Hostage negotiations are of several types. First, wherein, the criminal takes people hostage in the execution of a robbery where there is virtually no escape; the second, wherein, law enforcement arrives on scene before the successful completion of a crime and thus hostages are taken in; and the third, wherein workplace discord or marital discord escalates into a hostage situation (Miller 2005, 278). An in-depth analysis of the situation at hand will help determine the nature…

  • 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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