Law of Mediation

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Description
We live in a world where disputes and conflicts are inevitable in every walk of life. In a democratic set up and in view of increasing globalization, there is nothing wrong with disputes or conflicts. What is important is to resolve them amicably, so that peace and harmony is maintained in the society.
The adversarial system of litigation has disappointed us, as it is time consuming, expensive, cumbersome, and frustrating. The litigants have started quitting from the litigation citing "litigation fatigue". It is really a matter of concern. It is noteworthy that the Constitution of India ensures access to justice to all, which is not confined to the access to courts only. A robust alternative dispute resolution mechanism is also a part of it.
Today, mediation is emerging as the most powerful alternative to adversarial systems. Mediation has been practiced in the ancient India. It worked very well in resolving disputes amicably. Unfortunately, the Britishers imposed on us the adversarial system in the year 1775. Our traditional method of resolving disputes was supplanted by the adversarial system, which did not align well with our needs.
become Unlike litigation in adversarial system, mediation seeks to bridge divides and encourages mutual respect, ultimately leading to solutions that satisfy the needs and interests of the parties. The settlement agreements final and non-appealable. Mediation, therefore, is being seen as a game changer for the resolution of disputes.
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Contents
Chapter 1. Introduction
Chapter 2. Disputes and Conflicts
Chapter 3. Historical Background and Evolution of Mediation..
Chapter 4. Mediation
Chapter 5. Appointment of Mediator
Chapter 6. Mediation Proceedings and Enforcement of Mediated Settlement Agreement
Chapter 7. Online Mediation.
Chapter 8. Community Mediation
Chapter 9. International Legal Regime on Mediation
Chapter 10. Existing Mechanisms of Dispute Resolution Through Mediation in Different Laws
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Author Details
Parthvi Ahuja