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Time is the greatest casualty of the adversarial process. There is a need to resort to other methods of dispute resolution which will not only save time, but also diminish the acrimony and estranged relationships resulting from litigation. Mediation is the effective alternative remedy since its focus is on non-coercive and consensual processes.
Ever since the legislature amended Section 89 of the Code of Civil Procedure to include mediation as one of the modes of dispute settlement, a wide range of disputes, including commercial disputes, matrimonial cases, contractual and property claims, family and business conflicts, workplace disputes have been referred to mediation.
This book brings out the art, techniques and skills of mediation. The author walks the reader through a full-length mediation with notes to illustrate different stages. The book also shows how mediators should deal with seemingly dead-end situations and prescribes norms of confidentiality and ethics.
Written in simple, accurate, and persuasive language, the book, based on the author`s own experience over two decades, examines how the positive approach of mediation helps litigators find solutions by constructive negotiation with the help of a trusted mediator in an environment of mutual respect.
Key HIghlights
¢ Provides a complete clarity on understanding conflicts and how to effectively resolve them
¢ Explains how mediation helps parties probe beneath the surface and identify their real needs and interests
¢ Includes a detailed analysis of mediation techniques adopted in different countries along with the relevant legislation and case law
¢ Examines the experience of court annexed mediation in India
¢ The law on the subject and the precedents laid down by Courts in India and abroad are exhaustively dealt with.
¢ Provides practical tips on how a successful mediation needs to be conducted
¢ The book lists the pitfalls that mediators should be careful about.
A must for
Legal Professionals, Mediators, Mediation Centres, Judiciary, Companies & individuals facing/contemplating litigation, Students of Law and Conflict Resolution, Law and social science libraries. ISBN 9788180386862
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