India

Spotlight On India: Mediation Reform And The Big Implementation Problem

Spotlight On India: Mediation Reform And The Big Implementation Problem

The mediation movement in India has had strong supporters who have tirelessly worked on setting up court-annexed centres and starting the conversation on mediation for over two decades now. India, today, has accelerated reform in the commercial dispute resolution space starting with the arbitration ordinance, bankruptcy laws on specialised tribunals and now the Commercial Courts (Amendment) Ordinance, 2018 (‘CCA’) which introduces ‘pre-institution mediation’. Continue reading →

Posted by Ishana Tripathi in GPC, News
Spontaneous GPC Voting Events Are Taking Place In India

Spontaneous GPC Voting Events Are Taking Place In India

Spontaneous GPC voting events have been popping up in India, just days before voting is set to close. As soon as online voting opened up to the public, organisers in India set up ‘voting clinics’ to help people to vote.

This is giving a significant boost to the global voting data, only days before the deadline on the 31 July. Today 30 people attended the clinic to vote, adding their voice to the global data on dispute resolution.
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Posted by GPC Series in GPC, News
What Is Holding Back Mediation In India?

What Is Holding Back Mediation In India?

I shall not mince words. In 1996, the word ‘mediation’ appeared in Indian statutory law for the first time. Cut to 2017, we are still waxing eloquent as to mediation being a ‘new’ alternative dispute resolution (ADR) mechanism, and yet, it has not really picked up in India. With a narrative building up over the years, that there is not much awareness about mediation, and therefore it has not struck a chord with many Indian users. 

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Posted by GPC Series in GPC
Lok Adalat: India’s Alternative Dispute Resolution Mechanism

Lok Adalat: India’s Alternative Dispute Resolution Mechanism

Scholars and academics throughout the world have noted a spike in the popularity of alternative dispute resolution. Commercial contracts, sports, family disputes and even intellectual property rights disputes are now being resolved through arbitration, conciliation, mediation and/or negotiation.

India has followed the path of global leaders in the field and has tried to make the country a seat of international arbitration. Though we have legalised the rules and regulations regarding alternative dispute resolution by introducing the Arbitration and Conciliation Act, 1996, the concept of alternative dispute resolution has prevailed throughout India for a long time. Read more

Posted by GPC Series in GPC, News

MediatorTV: Episode 10

 

In this week’s episode, Professor Nadja Alexander and Aled Davies take a look at developments in Asia as Singapore passes it’s long anticipated Mediation Act. With the number of new cases filed for mediation at the Singapore Mediation Centre last year at an all time high, it is no secret that Singapore is fast becoming a mediation hub for the region. Read more

Posted by GPC Series in GPC, News
Community Mediation – Improving Access to Justice

Community Mediation – Improving Access to Justice

The denial of justice through delay is the biggest mockery of law! Considering the fact that it takes an average of 15 years to resolve a civil or commercial dispute in India, it is not limited to mere mockery – but the delay in fact kills the entire justice system of the country. The legal system is simply not equipped to handle the number of cases filed. It is often said that litigation is an unwelcome house guest that stays for years or even decades. Read more

Posted by GPC Series in GPC, News

MediatorTV: Episode 7

 

In their latest video episode, Professor Nadja Alexander and Aled Davies report from Edinburgh at Mediate 2016 – the Scottish Mediation Network‘s annual conference. Where they learn about a different kind of community mediation in a global village with the World Bank Group urging India and Pakistan to mediate over a water dispute. Continue reading →

Posted by GPC Series in GPC, News