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Conciliation and Mediation in India

Conciliation and Mediation in India
Author: Gracious Timothy Dunna
Publisher: Kluwer Law International B.V.
Total Pages: 492
Release: 2022-02-15
Genre: Law
ISBN: 9403519851
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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.

Handbook on Mediation

Handbook on Mediation
Author: Nandini Gore
Publisher: OrangeBooks Publication
Total Pages: 208
Release: 2021-02-02
Genre: Law
ISBN:
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A dispute arises when a claim is asserted by one party and disputed by another. The dispute is a disagreement or differences which later on convert its form into conflict between people at different levels. Mediation is a means of dispute resolution which have not been embarrassed in India as much as it possibly deserved. While it is often resorted to, at the suggestions of the courts, in the context of matrimonial and family dispute and very sparingly of corporate, commercial, and criminal matters. This book gives an insight about the inherent flexibility of mediation process in a simplified version providing the readers the basic concept of mediation and about relevant international treaties. With the outbreak of Covid-19 pandemic and consequential worldwide commercial destruction, it is more important than ever to try and resolve disputes by mediation and more specifically learning about online mediations.

Mediation in Collective Labor Conflicts

Mediation in Collective Labor Conflicts
Author: Martin C. Euwema
Publisher: Springer
Total Pages: 339
Release: 2019-05-28
Genre: Psychology
ISBN: 3319925318
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This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.

Alternative Dispute Resolution System in India

Alternative Dispute Resolution System in India
Author: Dr. Ashok Kumar
Publisher: K.K. Publications
Total Pages: 600
Release: 2021-09-09
Genre: Law
ISBN:
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The Alternative Dispute Resolution System is a dynamic subject of resolving the early disputes and it is achieving its popularity in the present scenario. It involves the whole community of the nation. It is very speedy, cheap and inexpensive system of resolving the disputes. It reduces the burden of the traditional or regular courts. It has become the integral part of judicial system of our country. The ADRS enhances the involvement of the national community in dispute resolution process and promotes an idea of access to justice for all. The book provides the proper information and knowledge about the ADRS to the students. The book is divided into nine chapters .The chapter one is related to Introduction of Alternative Dispute Resolution System. The Chapter two is concerned to the Nature and Historical Development of ADRS. The Chapter three is related to the Factors of ADRS. The Chapter four is concerned to the Techniques of the ADRS. The Chapter five is related to the Indian Laws and ADR. The Chapter six is designated as Nyaya Panchayat and Gram Nayalaya. The Chapter seventh is related to the Arbitration and Conciliation Act, 1996. The Chapter eight is related to the Innovative Trends of Justice and ADR. The chapter nine is concerned to Litigation Policy. The language of the book is very understandable to the common man.

Handbook on Mediation

Handbook on Mediation
Author: Thomas E. Carbonneau
Publisher: Juris Net Llc
Total Pages: 457
Release: 2006
Genre: Law
ISBN: 9781929446469
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Uniform Civil Code for India

Uniform Civil Code for India
Author: Shimon Shetreet
Publisher: Oxford University Press
Total Pages: 344
Release: 2015-06-18
Genre: Law
ISBN: 0199089477
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Article 44 of The Constitution of India, provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.' Even after more than six decades, this anticipated code has not been developed or implemented. This book provides a blueprint for alternative frameworks and courses of action, drawing on lessons from comparative context to develop a Uniform Civil Code for India. It explores the interplay between issues of law, culture, and religion in light of various intra-community and inter-community disputes. The book proposes a series of guidelines and considerations to inform this process. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The Courts can resolve certain specific points but the comprehensive code is a legislative function and not for judicial resolution. The second guideline suggests the parallel application of civil and religious law. The securing of a Uniform Civil Code must not negate the possibility of citizens availing themselves of religious law-if they so wish. The third guideline advises a gradual application of a Uniform Civil Code. The development of the code should be done topic by topic, chapter by chapter. The fourth guideline is to deploy tools of mediation in both the formation of the code and its implementation. This mediation should take on two forms—intercommunity mediation and individual mediation. The first of these two relates to a dialogue between the communities of India, to advance an agreement upon the substantive provisions of the Uniform Civil Code. The second relates to mediation between individuals, in occasions where dispute arises in the realm of personal law.

The Future of Dispute Resolution

The Future of Dispute Resolution
Author: Michael Legg
Publisher: Butterworth-Heinemann
Total Pages: 297
Release: 2013
Genre: Australia
ISBN: 9780409332766
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Discusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.

Arbitration Now

Arbitration Now
Author: Paul H. Haagen
Publisher: Jossey-Bass
Total Pages: 316
Release: 1999-06
Genre: Business & Economics
ISBN:
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