Category : Alternative Dispute Resolution Mechanism
INDIA’S POTENTIAL FOR PEACEFUL CONFLICT SETTLEMENT THROUGH MEDIATION
ABSTRACTThis article looks at mediation as a crucial part of alternative dispute resolution (ADR) in India. It examines its development, emphasizes significant court rulings, and assesses its contribution to lessening the workload for judges. Additionally, the article offers recommendations for strengthening the institutional framework of mediation and critically examines the difficulties it faces. Mediation is becoming more widely acknowledged...
The Role of Arbitration and Conciliation in Resolving Matrimonial Disputes
When Marriage Breaks, Must Families Too? This is the question which lies at the heart of today’s conversations around marriage and highlights the growing need for more amicable ways to resolve matrimonial disputes. Marriages in India are initiated with promises, prayers, and photographs that capture hope. And what happens when these smiles stop appearing in real life? When silence...
The Role of Mediation in Resolving Corporate Disputes: An Indian Perspective
The Mediation Act of 2023 introduces a well-structured framework that emphasizes institutions and outlines a clear timeline. It recognizes the significance of pre-litigation, online, and community mediation, and it even includes conciliation under the umbrella of “mediation.” This act also paves the way for enforcing mediated agreements and strives to foster a regulatory environment that elevates mediation practices in...
Corporate Wars in the Metaverse: Judicial Challenges in Virtual Dispute Resolution
Abstract The metaverse – a vast and virtual digital ecosystem comprising augmented reality, blockchain, and spatial technologies – has become a burgeoning new landscape for corporate behavior and corporate conflict. Corporations are claiming virtual property, creating decentralized organizations, and competing for power, all within the context of new digital economies. The result has been a wave of legal disputes....
THE FUTURE OF ALTERNATIVE DISPUTE RESOLUTION
Abstract With the increasing complexity and globalization in societies, the conventional system of the judiciary is unable to cope with the increased caseloads, delays, and expenses. Alternative Dispute Resolution (ADR) including arbitration, mediation, conciliation, and negotiation has become an effective and versatile tool of settling disputes out of court. This paper discusses the developments, trends and technological changes that...
How To Appear In Court Via Video Conference: A Comprehensive Guide To Virtual Court Proceedings In India
Overburdened with nearly 23 million pending cases, the Indian judiciary has sought succor in technology to speed up justice delivery. Video conferencing has become a game-changing tool that, with the COVID-19 pandemic, has surged forward and allowed the conduct of courts while maintaining the sanctity and accessibility of the courts. This research article considers the procedural, legal, and practical...
