Discover in-depth analysis, expert commentary, and the latest developments in Mediation and Negotiation under ADR from leading legal professionals and scholars.
Showing 8 of 8 articles
The article examines mediation in Indian inheritance disputes, valuing its speed and preservation of family harmony. Yet informality can weaken women's statutory rights and let customary or caste-based power shape rural outcomes. NALSA's community mediation pilot offers promise, but whether mediation can truly deliver fairness remains open.
The article asks whether Indian law is ready for AI in mediation. With over 50 million cases pending and platforms already using technology, the Mediation Act 2023 remains silent on AI. Concerns include neutrality, consent, privacy, liability, and the loss of human connection. It leaves open whether the legislature or the courts should act.
The blog critically examines the Mediation Act, 2023 and its attempt to institutionalise mediation in India. It explores the challenges surrounding mandatory pre-litigation mediation, party autonomy, enforceability, confidentiality, regulatory oversight, and the shortage of trained mediators, highlighting the gap between the Act’s legislative framework and its practical implementation.
The blog examines the gap between India’s Mediation Act, 2023 and the growing use of AI in Online Dispute Resolution. It explores how AI-driven platforms may influence settlement outcomes, challenge party autonomy, and reproduce biases embedded in historical data.
The blog examines whether AI can remain neutral when used in online mediation under India’s Mediation Act, 2023. It highlights concerns around algorithmic bias, party autonomy, transparency, and procedural fairness, arguing that AI-driven processes may influence parties and reproduce existing inequalities. It calls for stronger safeguards, including AI transparency and mandatory human oversight.
The blog examines mediator bias under Section 10 of the Mediation Act, 2023. It argues for disclosure of potential conflicts rather than automatic disqualification, while limiting “justifiable doubts” to genuine concerns about impartiality.
Ahuja’s "Krishna and Mediation" explores how Lord Krishna’s mediation in the Mahabharata reflects key principles of modern mediation and ADR. The book highlights India’s indigenous mediation traditions and their relevance to contemporary dispute resolution. The review appreciates its originality while noting gaps in its historical and legal analysis.
India’s courts are struggling with over five crore pending cases, making effective ADR more important than ever. This article looks at India’s mediation and ODR framework and the gaps that still remain. It explores lessons from countries like Singapore and China and the challenges posed by India’s digital divide. It argues that good laws alone are not enough without strong institutions and proper.