You fall into a dispute, try to talk it over, perhaps meet for a direct negotiation and when it fails you go into litigation. At which time you have moved into an unfamiliar world, where the decision making is out of your hands, tremendous delay and heavy costs are expected, and where inevitably there will be further damage to relationship between parties. At the end, and along the way, you would have asked your self the question – couldn’t there have been a better way to handle this problem between the two of us. Perhaps there is, now.
In recent times the legal system has witnessed a revolution of sorts. With mediation firmly in place in the Court set-up, it is time to turn attention to the area of what the author calls private mediation. Mediation is strongly indicated for a wide range of business and commercial disputes. Mediation has a dynamic flexibility which enables its use at multiple stages. The book focuses on commercial mediation in the Indian context. It discusses (i) why mediation, how it works and when to use it; (ii) its advantages & limitations; (iii) the job of the mediator; (iv) participation by the parties to the dispute; (v) the role of lawyers & GCs; and (vi) use in different sectors.
No matter what the complexity and stakes of the dispute, mediation helps. An amicable settlement is, after all, the best way to end dispute.
About The Author:
Sriram Panchu commenced practice in 1976 at the Madras High Court and was designated a Senior Advocate in 1996. His field of law practice is constitutional and commercial law. Over the last 20 years, he has been instrumental in bringing mediation into India’s dispute resolution system. In 2005 he set up India’s first court – annexed mediation centre in the Madras High Court, and has gone on to assist the Supreme Court and other High Courts to do so. He has mediated a large number of complex and high-value commercial disputes in India and abroad.