Resolving disputes with healing effect: the practice of mediation in India
DOI:
https://doi.org/10.5102/rbpp.v13i2.8706Keywords:
Dispute Resolution, MediationAbstract
This paper has traced the background and evolution of mediation movement in India. Discussing about the beginning of the advocacy for ADR and mediation in the late 1990, how the mediation movement has gained momentum in past two decades. It is pertinent to note the policy and legislative introduced to popularize mediation and encourage its adoption. Also, the statistical data presented from various sources reflects about the efforts undertaken towards augmenting appropriate infrastructural and human resource to strengthen its ecosystem. However, the brightness of these development must not blindfold us to ignore about the gaps that still exist. Unless these gaps are addressed the future of mediation will remain uncertain.References
FISS, O. Against Settlement, Yale Law Journal, v.93, n.1073, 1983-1984.
FOLBERG; GOLONN. Lawyer’s Negotiation Theory, Practice and Law, Wolters Kluwer, 3rd Ed, 2016.
GANDHI, M.K. An Autobiography or the Story of my Experiments with Truth. Navajivan, 1940.
GAVRILA, C.A; CHEREJI, C.G. Don’t Rush. Kluwer Mediation Blog, Mar. 2, 2015.
HATTOTUWA; SANJANA; TYLER, M.C. An Asian perspective on online mediation. Asian Journal on Mediation 1(1), 2005.
HIOUREAS, C.G. The Singapore Convention on International Settlement Agreements Resulting from Mediation: A New Way Forward. Ecology Law Quarterly, v.46, n.61, 2019.
INDIA, 2003, Salem Advocates Bar Association vs. Union of India (2003) 1 SCC 49
INDIA, 2010, Afcons Infrastructure Ltd. vs. M/S Cherian Varkey Construction 2010 (8) SCC 24.
INDIA. Arbitration and Conciliation Act, 1996.
INDIA. Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018.
INDIA.The Commercial Courts, Commercial Division, Commercial Appellate Division of High Courts Act, 2015.
JIGEESH A.M, Mediation Bill: House panel recommends against compulsory mediation, role for judiciary, Jul.11, 2022 22:50 IST
JIGEESH, A.M. Mediation Council can’t be handled exclusively by the Executive, Dec. 28, 2021. THE HINDU, https://www.thehindubusinessline.com/news/mediation-council-cant-be-handled-exclusively-by-the-executive/article38050878.ece
KOROBKIN, R; GUTHRIE, C. Psychology, Economics, and Settlement: A New Look at the Role of the Lawyer, Texas Law Review, v.76, n.77, 1997-1998.
LINCOLN, A. Notes for a Law Lecture, Collected Works of Abraham Lincoln, v.2 Wildside Press, 2008.
LUCADO, M. When God Whispers Your Name. W Publishing Group, 1999.
MEADOW, C.M. Legal Negotiation: A Study of Strategies in Search of a Theory, AM. B. FOUND. Res. J, 1983, p.905.
MEADOW, C.M. Legal Negotiation: A Study of Strategies in Search of a Theory, Am. B. Found. Res. J. 905, 1983.
MEDIATION Bill, 2021, Bill No. XLIII of 2021, Sec.44, (Dec. 21, 2021)
Mediation Training Manual of India, Supreme Court,
NITI AYOG, Designing the Future of Dispute Resolution: The ODR Policy Plan for India, October 2021.
OLLAPALLY, T. The Mediation Gap: Where India Stands and How Far It Must Go.
RAVEENDRAN, R.V. Mediation: Its Importance and Relevance, 2010.
RUMMEL, R.J. “The Subjectivity Principle,” in The Conflict Helix. Transaction Publishers, 1991.
SINGAPORE, 2019, United Nations Convention on International Settlement Agreements Resulting from Mediation, UNCITRAL, Aug.7, 2019.
US, Uniform Mediation Act, 2005.
VIDHI Centre for Legal Policy Report, Strengthening Mediation In India, , 2017.
WEBER, T. Gandhian Philosophy, Conflict Resolution Theory and Practical Approaches to Negotiation, Journal of Peace Research, Vol. 38, No. 4 (Jul., 2001)
WELSH, N.A. Perceptions of Fairness in Negotiation 87 Marquette Law Review. v.87, n.753, 2004.
WILLIAMS, G.R. Negotiation as a Healing Process. Journal of Dispute Resolution. v.1, 1996.
Downloads
Published
Issue
Section
License
Authors who publish with this journal agree to the following terms:
a) Authors retain copyright and grant the journal right of first publication, with the work simultaneously licensed under a Creative Commons Attribution 4.0 International License (CC BY 4.0) that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
b) Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
c) Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
