India has seen a steady growth in policies on mediation – starting with the Arbitration and Conciliation Act, 1996, the amendments to the Civil Procedure Code for reference of pending civil cases to mediation, and more recently a mandate that parties attempt to resolve their disputes through mediation before filing cases relating to commercial disputes under the Commercial Courts Act. Mediation – Policy and Practice examines the many aspects and benefits of mediation as an appropriate dispute resolution process in India. The book evaluates the use of mediation in dispute verticals, such as commercial disputes, matrimonial disputes, government disputes, disputes in insolvency resolution and intellectual property disputes, as well as the Singapore Convention on the enforcement of international commercial settlement agreements arising from mediation that recently came into force. It examines the concerns that arise in the policies and practice of mediation in India, and compares policies and important judgments of other countries on these issues. With the push for mediation as an integral part of the dispute resolution eco-system in India, and the establishment of new structures and intermediaries for dispute resolution, this book will be useful for practitioners of law, the academia, mediators, policy-makers and students of law, and for anyone concerned with effective resolution of disputes.
About The Author
Chitra Narayan is a lawyer and mediator with over 25 years of experience. She is a founding Trustee of Foundation for Comprehensive Dispute Resolution (FCDR), Chennai, an initiative to mainstream mediation and provide mediation and conciliation services. She is an accredited mediator with the Tamil Nadu Mediation and Conciliation Centre, annexed to the Madras High Court.
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