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Conciliation as a DR Mechanism: Merits & Demerits

Ashhab Khan 2nd Year, National Law Institute University, Bhopal 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 is a procedure where a neutral third […]

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Mediation of Consumer Disputes

Ibban Javed 3rd Year, National Law Institute University, Bhopal 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, stemming from […]

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Mediation under the Civil Procedure Code 1908

Somya Yadav 3rd Year, National Law Institute University, Bhopal Code of Civil Procedure, 1908, essentially, as its name suggests, contains “procedural” laws with some element of substantive laws in certain provisions. The Code lays down the procedure to be adopted in civil courts, and its principles may be applicable in other courts, like writ courts, […]

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Mediation – Solve Your Commercial Disputes

Ashhab Khan 2nd Year, National Law Institute University, Bhopal Introduction. The growth in the popularity of alternate dispute resolution (“ADR”) throughout the world is evident to all. ADR has found its place in India as well which is visible firstly by the insertion of Section 89[i] into the Code of Civil Procedure, 1908 and further […]

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Mediation under Companies Act, 2013

Sharqa Tabrez 3rd Year, National Law Institute University, Bhopal Introduction The French philosopher Voltaire once said – ‘I was ruined but twice, once when I won a lawsuit and once when I lost one.’[1] It has been suggested since long that the discontentment with litigation as a means of dispute resolution seems endemic to human […]

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FAMILY DISPUTES AND THE IMPORTANCE OF MEDIATION

Ishita Singh 3rd Year, National Law Institute University, Bhopal INTRODUCTION The ordinary human inculcates a nature of social dependency. People have always had the tendency to group themselves into families to nourish and support each other emotionally and physically and communal cooperation as well, from the very beginning of human life. Marriage and family are […]

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AFCONS INFRASTRUCTURE AND ORS. v. CHERIAN VARKEY CONSTRUCTION AND ORS: AN OVERVIEW OF THE IMPLICATIONS OF THE CASE

Naman Gowda & Ibban Javed 3rd Year, 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 due […]

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Mediation Ethics in India

Tejas Hinder & Vipul Shukla 3rd Year, National Law Institute University, Bhopal Two major concerns that should be resolved before the implementation of mediation is to promote good governance in the mediation services and promote public confidence and trust in the process of mediation for the resolution of employment disputes and grievances.[1] The basic ethics […]

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RIGHTS AND DUTIES OF THE PARTIES IN THE MEDIATION PROCESS

Tanishka Saxena 2nd Year, National Law Institute University Bhopal 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. […]

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ROLES AND DUTIES OF A MEDIATOR

Ishita Singh 3rd Year, National Law Institute University Bhopal INTRODUCTION Nowadays, Alternate Dispute Resolution is becoming more and more popular among the masses due to its easy procedures and effective results. There and many types of alternate dispute resolutions, and mediation is one of them. To define mediation, it is a negotiation process wherein disputes […]