Mediation Law a Kintsugi

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Description
Battles are the most strenuous part of human life. Be it an emotional or physical battle, it is capable of making and breaking a person. Amidst all, I would like to believe that battles and their scars, are what define the man. We are all a symbol of beautiful kintsugi and so is this Mediation Act. (For those who may not be familiar with the term, kintsugi refers to the traditional Japanese art form of repairing the broken pieces of pottery with gold.)
In a nation like ours, where the justice delivery system is so heavily plagued, fighting a legal battle is extremely challenging. They rip apart a person financially, physically and mentally as well. Undoubtedly, we are progressing towards a better tomorrow but an efficient system is still a far-fetched thought. In the wake of providing a better system, judiciary and bar, backed by government aid, are playing a prompt role in encouraging other forms of dispute resolution. Mediation is one such mode.
Albeit the fact that it is relatively younger than its older fellow modes, it traces its roots much farther in ancient history. Rather, it stuns me to learn how the changed facets of mediation picked up pace faster than the parent itself. But it does not feel like a preposterous reality where mediation will be joining hands with the other forms. Candidly speaking, to me, it seems that the clock has taken its turns and returned to where it all started. This book is here to shed some light on the same. It is here to re-introduce the reader to the era where mediation was every household's talk. It starts from introducing the inherent concept. It educates the readers on why at all the disputes, conflicts and complaints arise and how to resolve them. It then takes them back in time to the days where mediation was used as a common means to resolve disputes. Believe you in me, this was not just a reality in India but all across the world. The terminology used may vary but the mode of operation
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Table of Contents
1. Conflict, Dispute and Complaints
2. Mediation-An Introduction
3. Understanding the Process of Mediation
4. Understanding the Mediator
5. Understanding Mediation Practice Overseas
6. Scope of Mediation Practice in India
7. Mediation Act, 2023
APPENDICES
Mediation Settlement Agreement in Matrimonial Matters
• Standard Format of the Mediation Agreement in NI Act Matters
• Mediation Agreement in Motor Accident Cases Format .
•Sample Agreement to Mediate
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Author Details
Navya Jain is a lawyer with an eye for detail towards research focusing on regulatory and commercial laws. She practices before various judicial forums, including the Punjab & Haryana High Court. Ms Jain is particularly interested in Alternative Dispute Resolution (ADR) mechanisms, and her intellectual pursuits also encompass aviation and competition law. Among her notable contributions are EBC's International Commercial Arbitration: An Introduction and the edited chapter "Mental Well-Being: A Pothole in Corporate Governance Theory". Outside her professional endeavours, Ms Jain is often found checking things off her bucket list, feeding her appreciation for cultural diversities.