Introduction A negotiation aiming at an equivalent “win-win” gain to both parties may be idealistic and naïve. Rather, a realistic degree of satisfaction wherein both parties are in a mutually agreeable positioning to fulfill their needs whilst satisfying the obligations of the opposing party is ideal. This may not be equally benefiting for both parties but one ..read more

Introduction Negotiation, a routine method of dispute resolution is a widely recognized form when it concerns the commercial enterprises and its disputes. It is pertinent to mention that these disputes range from simple contractual issues to complex high-stake multiparty agreements which might involve the government as well. Therefore, most of the corporate enterprises prefer on ..read more

Reading Time: 5 minutesIntroduction Negotiation, a routine method of dispute resolution is a widely recognized form when it concerns the commercial enterprises and its disputes. It is pertinent to mention that these disputes range from simple contractual issues to complex high-stake multiparty agreements which might involve the government as well. Therefore, most of the corporate enterprises prefer on negotiation as a form of dispute resolution rather than spending exuberant amount on tedious litigations. However, the advent of the Indian economy ever after 1991 and the upward graph depicts a ..read more

Reading Time: 5 minutesPublic disputes are controversies which affect members of the public and almost always involve one or more levels of government.[i]They often relate to the implementation or execution of a new policy or project by the government, and sometimes to the policy itself. They are in the nature of distributional disputes, which do not focus on legal rights, but rather on the allocation of funds, the setting of standards, siting of facilities, distribution of land and water resources, etc.[ii]These disputes almost always follow paths which inevitably end at the doors of a court ..read more

Reading Time: 6 minutes“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often the real loser — in fees, and expenses, and waste of time. As a peace-maker the lawyer has a superior opportunity of being a good man. There will still be business enough.” – Abraham Lincoln[i] WHAT IS CONSENSUAL DISPUTE RESOLUTION? Consensual Dispute Resolution [referred to as “CDR” hereinafter] are voluntary settlement processes, through which parties attempt to resolve their disputes or differences through negotiation, without taking resor ..read more

Reading Time: 5 minutes Introduction Mediation is about reaching a mid-position where all parties benefit out of the decision so made. It is largely based on negotiations and the bargains each party is committed to make, in order to bend the outcome in their favour. Each party weighs the pros and cons of a situation has to offer and hence decide their bargain, as to what they will have to offer in order to gain what is favourable. A majority objective of this is to minimize the expenditure and delay and maximize the constructiveness of the outcome so made. A considerable part of this process ..read more

Reading Time: 5 minutesDomestic violence sadly, is rampant and common in Indian families. Section 3 of Protection of Women from Domestic Violence Act, 2005 defines Domestic violence in a comprehensive manner, comprising of physical, mental, verbal, emotional, sexual and economic abuse, harassment for dowry, and acts of threatening to abuse the victim or any other person related to her.[1]To put it into perspective a massive 31 per cent of married women have been subjected to physical, sexual, or emotional violence by their spouses. According to the National Family Health Survey (NHFS-4) repor ..read more

Reading Time: 12 minutesIntroduction Mediation can be most simply defined as party oriented negotiation, facilitated by a neutral third party, helping reach a workable solution that is mutually acceptable. Mediation has existed in India since before its colonial times centuries ago through the Panchayat system but was overshadowed by Common Law during the British rule. However, it is now getting some traction owing to the overburdened and almost paralyzed Indian judicial system with over 33 million cases in backlog as of July 2018. The number of cases that have been pending in the courts for ..read more

Reading Time: 12 minutesIntroduction  In India, in the absence of legislation presents an opportunity to consider and address thoroughly the regulation of the Mediation profession in India. The Advocates Act[1]regulates the profession of lawyers in India, however even that needs some amendments as recommended in the Law Commission report 266[2]and 184[3]which yet have to be implemented. The Arbitration and Conciliation Act[4]governs conduct of Arbitrators and the how to Arbitrate procedures. Part 3 of the Act, governs rules regarding Conciliation, which is read simultaneously with Mediation ..read more

Reading Time: 4 minutesTwo ancient cases recently got some public attention due to the media. Dating back to 1914 and 1952 are still at the initial stages and are far from attaining any finality. Both the instances are civil cases relating to separate property disputes which have surpassed generations of original plaintiffs and defendants. It has taken a heavy toll on the parties not just of the piling legal costs and expenses but also their physical and mental health. The 1914 case was regarding 9 Acres of land originally owned by Azhar Khan. Which the court divided in a maintenance claim; t ..read more