The Commercial Mediation Monograph

You fall into a dispute, try to talk it over, perhaps meet for a direct negotiation, and when that fails, you go into litigation. At which time you have moved into an unfamiliar world, where the decision is out of your hands, tremendous delay and heavy costs are to be expected, and where inevitably, there will be further damage to your relationship with the other side. At the end, and along the way, you would have asked yourself the question – “Couldn’t there have been a better way to handle this problem between us?” Perhaps there is, now.

In recent times the legal system has witnessed a revolution of sorts. It has embraced mediation- a consensual process of resolution whereby the parties retain decision making capacity and save time and cost. 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. 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 & general counsel; and
(vi) its 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.