Download or read book Conciliation and Mediation in India written by Gracious Timothy Dunna and published by Kluwer Law International B.V.. This book was released on 2022-02-15 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Trends in Dispute Resolution Series, Volume 11 It can be said that negotiation is about what to do, whereas mediation is about how to do it—how to make sure control is in the hands of the disputants. Although mediation (as well as conciliation) is taking hold in dispute resolution worldwide, among the nations, India shows the strongest signs of interest in developing a pervasive legal mediation culture. In this invaluable book, more than 20 formidable thought leaders with global reputations in dispute resolution describe how mediation is used, and can be used, to resolve different types of disputes in India and international cases. With a focus throughout on the law and procedure applicable to conciliation and mediation in India—addressing the involvement of each of the stakeholders in the process (with relevant hints on practice)—the contributors examine such issues and topics as the following: mediator ethics; court-annexed mediation; institutional mediation; mediating commercial disputes; mediating company, insolvency, and bankruptcy disputes; mediating government disputes; mediating investor-state disputes; mediating family disputes; e-mediation; community mediation and citizen empowerment; mixed-mode dispute resolution; and cross-border enforcement of mediated settlements. Two practice-oriented chapters synthesize the process, techniques, and approaches that experienced mediators and mediation advocates have found to be most valuable in their preparation for a mediation. Included is a detailed commentary on Part III of the Arbitration and Conciliation Act 1996 and the 2018 Singapore Convention on Mediation. There is little doubt that mediation is the dispute resolution choice of the next-generation lawyer. Present-day lawyers, judges, and users are becoming increasingly convinced that early conflict resolution through facilitated negotiations avoids the pitfalls of adversarial modes of dispute resolution, especially in terms of user satisfaction. This book takes into account where India stands at present, covering statutes, international conventions, and academic literature, thus bequeathing a broad understanding of the subject for legal practitioners, judges, arbitrators, mediators and conciliators, users, and technical experts who wish to understand it.
Download or read book Handbook on Mediation written by Nandini Gore and published by OrangeBooks Publication. This book was released on 2021-02-02 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: A dispute arises when a claim is asserted by one party and disputed by another. The dispute is a disagreement or differences which later on convert its form into conflict between people at different levels. Mediation is a means of dispute resolution which have not been embarrassed in India as much as it possibly deserved. While it is often resorted to, at the suggestions of the courts, in the context of matrimonial and family dispute and very sparingly of corporate, commercial, and criminal matters. This book gives an insight about the inherent flexibility of mediation process in a simplified version providing the readers the basic concept of mediation and about relevant international treaties. With the outbreak of Covid-19 pandemic and consequential worldwide commercial destruction, it is more important than ever to try and resolve disputes by mediation and more specifically learning about online mediations.
Download or read book Mediation in Collective Labor Conflicts written by Martin C. Euwema and published by Springer. This book was released on 2019-05-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.
Download or read book Alternative Dispute Resolution System in India written by Dr. Ashok Kumar and published by K.K. Publications. This book was released on 2021-09-09 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alternative Dispute Resolution System is a dynamic subject of resolving the early disputes and it is achieving its popularity in the present scenario. It involves the whole community of the nation. It is very speedy, cheap and inexpensive system of resolving the disputes. It reduces the burden of the traditional or regular courts. It has become the integral part of judicial system of our country. The ADRS enhances the involvement of the national community in dispute resolution process and promotes an idea of access to justice for all. The book provides the proper information and knowledge about the ADRS to the students. The book is divided into nine chapters .The chapter one is related to Introduction of Alternative Dispute Resolution System. The Chapter two is concerned to the Nature and Historical Development of ADRS. The Chapter three is related to the Factors of ADRS. The Chapter four is concerned to the Techniques of the ADRS. The Chapter five is related to the Indian Laws and ADR. The Chapter six is designated as Nyaya Panchayat and Gram Nayalaya. The Chapter seventh is related to the Arbitration and Conciliation Act, 1996. The Chapter eight is related to the Innovative Trends of Justice and ADR. The chapter nine is concerned to Litigation Policy. The language of the book is very understandable to the common man.
Download or read book Mediation Conciliation and Arbitration U S A and India written by Ajjarapu Venkata Raman Rao and published by . This book was released on 1963 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook on Mediation written by Thomas E. Carbonneau and published by Juris Net Llc. This book was released on 2006 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Conference on ADR written by and published by . This book was released on 2004 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reference to law relating to alternative dispute resolution in India.
Download or read book The Future of Dispute Resolution written by Michael Legg and published by Butterworth-Heinemann. This book was released on 2013 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.
Download or read book Arbitration Now written by Paul H. Haagen and published by Jossey-Bass. This book was released on 1999-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alternative Dispute Resolution written by Shashank Garg and published by Oxford University Press, USA. This book was released on 2018-01-09 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative dispute resolution (ADR), as a mechanism to resolve disputes, has gained wide acceptance in India. This is primarily because the traditional adversarial system of dispensing justice is dilatory, expensive, and, many a time, ineffective. The recent spurt in India's economic development coupled with the renewed confidence of foreign investors to invest in India has also made it imperative that India provides a swifter justice delivery system to resolve commercial disputes. The volume examines some of the important aspects of dispute resolution being practiced in India. More than twenty national and international experts from various fields within the domain of dispute resolution have come together to answer some of the most complex issues and shed light on the usage of the best practices of dispute resolution in India. The work aims to enhance the understanding of the legal issues related to dispute resolution, and provides an updated account of law incorporating the recent Arbitration and Conciliation (Amendment) Act, 2015.
Download or read book Arbitration Conciliation and Mediation written by and published by . This book was released on 2015 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Confidentiality in Mediation written by and published by . This book was released on 1985 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Dispute Settlement written by J. G. Merrills and published by Cambridge University Press. This book was released on 2011-03-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.
Download or read book Arbitration ADR written by and published by Universal Law Publishing. This book was released on 2009 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Trends in Mediation written by Nadja Marie Alexander and published by Otto Schmidt Verlag DE. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Arbitration in India written by Dushyant Dave and published by Kluwer Law International B.V.. This book was released on 2021-02-24 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: India has a long-standing tradition of dispute resolution through arbitration, with arbitral-type regulations going back to the eighteenth century. Today, amendments to the 1996 Indian Arbitration Act, a steady evolution of case law and new arbitral institutions position India’s vibrant system once more at the forefront of international commercial dispute resolution. In this handbook, over forty members of the international arbitration community in India and beyond offer authoritative perspectives and insights into topics on arbitration that matter in India. International arbitration practitioners, Indian practitioners, and scholars have combined efforts to produce a practical and informative guide on the subject. Among numerous notable features, the contributors provide detailed analysis and description of such aspects of arbitration as the following, with a focus on the Indian context: Indian application of the 1958 New York Convention; law governing the merits of the dispute and awards; investor-state dispute settlement; drafting arbitration clauses for India-centric agreements; managing costs and time; rise of virtual arbitration and technology; effect of public policy in light of extensive Indian jurisprudence; and arbitration of claims relating to environmental damage. Practical features include checklists for drafting arbitration clauses and a comparative chart of major commercial arbitration rules applicable to India. Also included is a comparative analysis of arbitral regimes in India, Singapore and England; chapters on the India Model Bilateral Investment Treaty and ISDS reforms; a special section on the enforcement of foreign awards; a section on the drafting of the award guided by leading arbitrators and stakeholders and a review of the new 2021 ICC Rules. For foreign counsel and arbitrators with arbitrations in India, this complete and up-to-date analysis provides guidelines for practitioners, corporate counsel, and judges on considerations to be borne in mind with respect to arbitration with an Indian nexus and whilst seeking enforcement and execution of an arbitral award in India. It will prove an effective tool for students and others in understanding and navigating the particularities and peculiarities of India’s system of domestic and international commercial arbitration.
Download or read book Mediation in Collective Labor Conflicts written by Erica Romero Pender and published by . This book was released on 2020-10-08 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
