Conciliation and Mediation in India - Couverture rigide

Couverture rigide

ISBN 10 : 9403520159 ISBN 13 : 9789403520155

Editeur : Kluwer Law International, 2022

Synopsis

Global Trends in Dispute Resolution Series, Volume 11

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. In this invaluable book, more than 20 formidable thought leaders with global reputations in dispute resolution describe how mediation is used, and can be used, to resolve different types of disputes in India and international cases.

With a focus throughout on the law and procedure applicable to conciliation and mediation in India―addressing the involvement of each of the stakeholders in the process (with relevant hints on practice)―the contributors 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.

Two practice-oriented chapters synthesize the process, techniques, and approaches that experienced mediators and mediation advocates have found to be most valuable in their preparation for a mediation. Included is a detailed commentary on Part III of the Arbitration and Conciliation Act 1996 and the 2018 Singapore Convention on Mediation.
 
There is little doubt that mediation is the dispute resolution choice of the next-generation lawyer. Present-day lawyers, judges, and users are becoming increasingly convinced that early conflict resolution through facilitated negotiations avoids the pitfalls of adversarial modes of dispute resolution, especially in terms of user satisfaction. 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. 
 

A propos du livre

À propos de l'auteur

Gracious Timothy Dunna is an arbitration and mediation counsel. His practice areas have primarily revolved around domestic and international commercial arbitrations (ad hoc and institutional arbitrations of various rules, including SIAC, CIETAC, JCAA, ICADR, DIAC, and ICA). He has acted as counsel and cocounsel in high-stakes, complex, and large arbitration matters relating to building, franchise, sales, joint ventures, license and distribution, power purchase, partnerships, and more, besides various arbitration-related court proceedings. Construction and engineering disputes form a significant part of Gracious’ practice, covering projects like roads and highways, tunnels, thermal power plants, refineries, and marine works. He is the sole legal advisor to India’s Ministry of Defense (Navy) for two of the largest naval infrastructure projects on the eastern and western coasts, together valuing over INR 33,500 crores, covering over 13,000 acres, involving dockyards, fleet buildings, covered dry berths, roads, townships, marine works, air station, armaments depots, etc. Besides contentious work, Gracious is trained and experienced in consensual dispute settlement. As a mediation practitioner, his practice has predominantly been in commercial and family-business disputes. As an accredited and impaneled mediator, he has relevant experience in cross-border mediations. Gracious has a robust academic background. He obtained an L.L.M. from the Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law. He is a recipient of two prestigious awards―the JAMS scholarship (JAMS is a leading ADR service provider in the USA) and The Hague Academy of International Law scholarship. Gracious has published extensively, including law review articles published in some of the most respected and renowned journals. He is often cited as a source in legal academics and has also contributed various chapters in books. Gracious is a Board Member of the Society of Construction Law―India (a leading body creating standards in construction law and practice) and a member of the International Task Force on Mixed-Mode Dispute Resolution, which is a combined effort of the College of Commercial Arbitrators, the International Mediation, and the Straus Institute for Dispute Resolution.

Détails de l'édition

• Éditeur: Kluwer Law International
• Date d'édition: 2022
• Langue: anglais
• ISBN 10: 9403520159
• ISBN 13: 9789403520155
• Reliure: Relié
• Nombre de pages: 560
• Éditeur: Dunna Gracious Timothy
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible