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 […]
Authors – Naman Gowda & Ibban Javed Year – 3rd Year Institute – National Law Institute University, Bhopal Introduction Mediation is a form of Alternative Dispute Resolution (ADR) outside the confines of courts wherein a neutral third party assists the parties to the dispute in arriving at a mutually amicable solution. ADR as a whole is gaining more traction nowadays […]
Global v. Indo Unique: Extrapolating Arbitration Clause from Unstamped Substantive Contract Date: 06/02/2021 Authors: Samyak Jain, Shalini Mishra Institute of Authors: B.A. LLB (Hons.)Institute of Law, Nirma University, Allahabad Year: 4th A three judge bench of the Supreme Court on 11 January 2021 pronounced the judgment in the case of NN Global Mercantile Pvt. Ltd v. Indo Unique Flame Ltd. […]
Rights and Duties of the Parties in the Mediation Process The very essence of mediation as a dispute resolution process is that it puts the needs and interests of the parties above anything else. It gives a chance to the parties to determine what kind of solution they want while the mediator only facilitates the process. While the mediation process […]
Mediation of Consumer Disputes Date: 20/10/2020 Author: Ibban Javed Institute of Author: NLIU, Bhopal Year: 3rd Introduction Litigation is often a resource-intensive endeavor that involves the investment of large amounts of money, time, and other resources that consumers have limited access to. Most consumer disputes that lead to litigation are tilted in favor of the relatively dominant producers by default, […]
Conciliation as a Dispute Resolution Mechanism: Merits & Demerits Date: 10/11/2020 Author: Ashhab Khan Institute of Author: NLIU Bhopal Year: 2nd Introduction Conciliation is one of the alternative dispute resolution (hereinafter “ADR”) methods, wherein the parties go out-of-court to seek remedy. The Halsbury’s Laws of England defines conciliation as a process of persuading the parties to reach an agreement. It […]
Principles and Applications of Conciliation Date: 05/12/2020 Author: Shadab Mohammad Shah Institute of Author: NLIU, Bhopal Year: 3rd Conciliation is a form of Alternate Dispute Resolution (hereinafter to be referred to as ADR); therefore all the proceedings and sessions of conciliation are done outside the court. How is conciliation different from other forms of ADRs? What are the principles of […]
Virtual Hearings in Arbitration: A Mistouted Panacea? Date: 01/03/2021 Author: Neeraja Rajesh Institute of Author: B.B.A LL.B. (Hons.), JSS Law College, Mysuru Introduction Countries across the world are yet again clamping down on physical gatherings and travel in a bid to fight the second wave of the pandemic. Parallelly, the most promising vaccine candidates threaten to be a logistical nightmare […]