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Conciliation and Mediation in India


ISBN13: 9789403520155
Published: February 2022
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £157.00



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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.

Subjects:
Other Jurisdictions , India
Contents:
Foreword by Michael McIlwrath
Foreword by Ratan K. Singh
Preface
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 and Joel Lee
CHAPTER 3. Mediation and Ethics
Sandeep Bhalothia and Anil Xavier
CHAPTER 4. Court-Annexed Mediation
Raj Panchamatia and Laila Ollapally
CHAPTER 5. Institutional Mediation
Shashank Garg and Tejas Karia
CHAPTER 6. Mediating Commercial Disputes
Shraddha Bhosale and Sahil Kanuga
CHAPTER 7. Mediating Company, Insolvency, and Bankruptcy Disputes
Anant Merathia
CHAPTER 8. Mediating Government Disputes
Badrinath Srinivasan and Arjun Natarajan
CHAPTER 9. Mediating Investor State Disputes
Harshad Pathak and Pratyush Panjwani
CHAPTER 10. Mediating Family Disputes
A. J. Jawad and Nisshant Laroia
CHAPTER 11. E-Mediation
Ishana Tripathi
CHAPTER 12. Community Mediation and Citizen Empowerment
Kudrat Dev and Ajay Pandey
CHAPTER 13. Mixed Mode Dispute Resolution
Gracious Timothy Dunna and Kabir Duggal
CHAPTER 14. Cross-Border Enforcement of International Mediated Settlement Agreements and the Singapore Convention
Gracious Timothy Dunna and Jatan Rodrigues
CHAPTER 15. Law of Conciliation
Gracious Timothy Dunna and Manisha T. Karia
CHAPTER 16. Ready, Set, Mediate: For the Mediator
Judith B. Ittig and Gracious Timothy Dunna
CHAPTER 17. Ready, Set, Mediate: For the Advocate
Judith B. Ittig and Gracious Timothy Dunna