The ADR Blog
Two major concerns that should be resolved before the implementation of mediation is to promote good governance in the mediation services and promote public confidence and trust in the process of mediation for the resolution of employment disputes and grievances...
The author is a second-year B.A. LL.B. (Hons.) student at West Bengal National University of Juridical Sciences (NUJS), Kolkata. Introduction “mediation is no longer an option; it is a necessity” U.N. Secretary-General António Guterres (2018) Maintaining global peace is essential for resolving high-tension situations through harmony, and collaboration, the values shared by mediation. Mediation ensures security and helps address the rise in commercial disputes driven by growing global trade...
The author is a a second-year law student at Rajiv Gandhi National University of Law, Punjab. Introduction The Consumer Protection Act of 2019, surfaced through minor amendments with the passing of the Mediation Act, 2023. Section 65, read in coherence with the Tenth Schedule of the Mediation Act, proposed various changes related to mediation, with the main difference seen under Section 37 of the Consumer Protection Act, in the form of Sections 37A and 37B, which comprehensively address the...
The author is 2nd year B.A. LL. B.(Hons.) student at the Rajiv Gandhi National University of Law, Punjab Introduction Mediation is well-established and historically practised in India since its three-tiered Panchayati-Raj system of managing rural development. According to the recommendation of the Justice Malimath Committee and the 129th Law Commission of India, mediation was formally established in India by the Code of Civil Procedure (Amendment) Act, 1999. Despite being long acknowledged...
The article explores the re-evaluation of arbitration terms in unstamped agreements, emphasizing the tension between the administration of justice and procedural maneuvers employed to stall legal proceedings. It outlines the historical context, legislative amendments, and judicial interpretations surrounding arbitration agreements, notably discussing the recent Supreme Court ruling in N.N. Global-2. It highlights the divergent opinions within the bench and proposes strategies to streamline...
Mediation – Solve your Commercial Disputes Name of the Author – Ashhab Khan Institute – NLIU, Bhopal Introduction. The growth in the popularity of alternate dispute resolution (“ADR”) throughout the world is evident to all. ADR has found its place in India as well which is visible firstly by the insertion of Section 89 into the Code of Civil Procedure, 1908 and further by the enactment of Arbitration and Conciliation Act, 1996(“A&C Act”). Mediation’s popularity as an ADR is...
Nowadays, Alternate Dispute Resolution is becoming more and more popular among the masses due to its easy procedures and effective results. There and many types of alternate dispute resolutions, and mediation is one of them. To define mediation, it is a negotiation process wherein disputes are amicably resolved by the disputing parties through a neutral third party’s assistance. However, its nature is voluntary and it is usually non- binding on the parties in dispute. This whole process is...
Alternative Dispute Resolution, as the name suggests, is an alternative way to get the disputes solved, that is when litigation can’t work because of its many infirmities, Alternative Dispute Resolution is chosen by the parties in a dispute...
Mediation is a form of Alternative Dispute Resolution Mechanism in which two parties to a dispute meet and solve their issues in the presence of a third neutral party, generally called mediator. The role of the third neutral party is mostly to facilitate the process of mediation by helping the parties understand each other’s viewpoints and the complexities of the matter...
The Singapore Convention formally known as the United Nation Convention on International Settlement Agreements Resulting from Mediation entered into force on 12 September 2020 with 53 signatories and 6 ratifications. It facilitates the enforcement of settlement agreements arrived through mediation in a manner that is similar to the Convention on Recognition and Enforcement of Foreign Arbitral Award,1958. Currently, negotiated mediation agreements are enforceable only as a contract and a civil...