Law Arbitration / Mediation / Litigation

Conciliation and Mediation in India

By Gracious Timothy Dunna
Kluwer Law International February 2022

Specifications

ISBN-13
9789403520155
Publisher
Kluwer Law International
Publication
February 2022
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

About this book:

Conciliation and Mediation in India is a comprehensive and challenging work of formidable thought-leaders in dispute resolution with global reputations. It can be said that negotiation is about what to do, whereas mediation is about how to do it—how to make sure control is in the hands of the disputants. Although mediation (as well as conciliation) is taking hold in dispute resolution worldwide, among the nations, India shows the strongest signs of interest in developing a pervasive legal mediation culture. This invaluable book describes how mediation is used, and can be used, to resolve different types of disputes in India and international cases providing a comprehensive treatment of the legal framework, principles, and procedure of mediation.

 

What’s in this book:

Addressing the involvement of each of the stakeholders in the process (with relevant hints on practice), exceptional contributions from a diverse group of legal practitioners, academicians, in-house counsel, and foreign lawyers examine such issues and topics as the following:

  • mediator ethics;
  • court-annexed mediation;
  • institutional mediation;
  • mediating commercial disputes;
  • mediating company, insolvency, and bankruptcy disputes;
  • mediating government disputes;
  • mediating investor-state disputes;
  • mediating family disputes;
  • e-mediation;
  • community mediation and citizen empowerment;
  • mixed-mode dispute resolution; and
  • cross-border enforcement of mediated settlements.

 

The book includes a detailed commentary on Part III of the Arbitration and Conciliation Act 1996 and the 2018 Singapore Convention on Mediation. 

 

How this will help you:

This book takes into account where India stands at present, covering statutes, international conventions, and academic literature, thus bequeathing a broad understanding of the subject for legal practitioners, judges, arbitrators, mediators and conciliators, users, and technical experts who wish to understand it. The nature and scope of this book should appeal most to practitioners, neutrals, and academics, including students, providing them with a profitable read on mediation and conciliation in India. One of its kind, this book stands up to scrutiny and meets the expectations of many making it valuable. 

Table of Contents

Editor

Contributors

Foreword by Michael McIlwrath

Foreword by Ratan K. Singh

Preface

Acknowledgments

Introduction

Gracious Timothy Dunna

CHAPTER 1 Introduction to Mediation and Conciliation in India

Gracious Timothy Dunna

CHAPTER 2 Role and Approach of the Mediator

Jonathan Rodrigues & Joel Lee

CHAPTER 3 Mediation and Ethics

Sandeep Bhalothia & Anil Xavier

CHAPTER 4 Court-Annexed Mediation

Raj Panchamatia & Laila Ollapally

CHAPTER 5 Institutional Mediation

Shashank Garg & Tejas Karia

CHAPTER 6 Mediating Commercial Disputes

Shraddha Bhosale & Sahil Kanuga

CHAPTER 7 Mediating Company, Insolvency, and Bankruptcy Disputes

Anant Merathia

CHAPTER 8 Mediating Government Disputes

Badrinath Srinivasan & Arjun Natarajan

CHAPTER 9 Mediating Investor-State Disputes

Harshad Pathak & Pratyush Panjwani

CHAPTER 10 Mediating Family Disputes

A. J. Jawad & Nisshant Laroia

CHAPTER 11 E-Mediation

Ishana Tripathi

CHAPTER 12 Community Mediation and Citizen Empowerment

Kudrat Dev & Ajay Pandey

CHAPTER 13 Mixed-Mode Dispute Resolution

Gracious Timothy Dunna & Kabir Duggal

CHAPTER 14 Cross-Border Enforcement of International Mediated Settlement Agreements and the Singapore Convention

Gracious Timothy Dunna & Jatan Rodrigues

CHAPTER 15 Law of Conciliation

Gracious Timothy Dunna & Manisha T. Karia

CHAPTER 16 Ready, Set, Mediate: For the Mediator

Judith B. Ittig & Gracious Timothy Dunna

CHAPTER 17 Ready, Set, Mediate: For the Advocate

Judith B. Ittig & Gracious Timothy Dunna

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