Conflict Management Skills for Everyday Life

While it is true that we cannot always prevent conflict, we can always nip it in the bud by imbibing and consciously deploying conflict resolution skills every time we find ourselves in a dispute. If we make a deliberate attempt to resolve conflict at the early stages, we may not have to deal with sour relationships, wasted time, high costs […]

Sample Ground Rules for the Mediation Process

Although mediation is generally an informal process, mediators usually specify guidelines and rules of conduct towards facilitating fruitful and productive communication. It is important to have ground rules because they define the purpose of the mediation process at hand and shape how discussions will be conducted. By establishing rules about the behaviour of concerned parties and how decisions will be […]

Why Mediation is Becoming Increasingly Popular

Life, at its very essence, revolves around relationships. We cannot claim to be fully alive and well if we’re not interacting and transacting with other people. This simple fact makes disputes inevitable, leading to the development of the judicial system and the popularity of litigation as a means of seeking redress in civil matters or meting out punishments in criminal […]

7 factors to consider before choosing arbitration over litigation

Many contracts are increasingly adopting the incorporation of an arbitration clause in the event of dispute between concerned parties. In fact, some contracts even stipulate that all disputes must be compulsorily subjected to arbitration rather than litigation. It is therefore important to have a good understanding of major differences between these two choices of dispute resolution. Except otherwise agreed by […]

How Successful School Administrators Implement Peer Mediation

Peer mediation programs help to create safer schools by helping students to take responsibility for the conflict resolution process as opposed to the traditional disciplinary methods. The essence of peer mediation is to help young people imbibe conflict resolution and problem solving skills thereby facilitating a cordial disposition among students. Trained peer mediators provide a bridge between contending parties, hearing […]

Employees of a Party Ineligible for Appointment as Arbitrator – The Delhi High Court view in Assignia-VIL JV (Assignia) v Rail Vikas Nigam Ltd: April 2016

The Delhi High Court has recently ruled that a party to an arbitration cannot nominate its serving or retired officer as its nominee arbitrator. This view was taken in light of the recent amendments introduced by the Arbitration and Conciliation (Amendment) Act, 2015. The law was earlier governed inter alia by the Supreme Court judgement in Indian Oil Corporation Ltd. […]

English Court Removes Arbitrator for Apparent Bias

In the recent case of Cofely Ltd v Anthony Bingham & Knowles Ltd [2016] EWHC 240, England’s High Court made an order for the removal of the arbitrator (Anthony Bingham), pursuant to section 24 (1)(a) of the Arbitration Act 1996, on the grounds of apparent bias, as in the previous 3 years, 19% of the arbitrator’s appointments and 25% of […]

What is Customary Arbitration?

Customary Arbitration is arbitration in dispute founded on the voluntary submission of the parties to the decision of the arbitrators who are either chiefs or elders of the community. It is uniquely distinct from arbitration under the statute. At the centre of customary arbitration is the settlement of disputes by one or more arbiters in a community in accordance to […]

Cases Not Likely To Be Suitable For Mediation

Even some ardent practitioners of Alternative Dispute Resolution will agree that there are some disputes that are unsuitable for ADR. Some of the cases which might be seen as “unsuitable for mediation” were mentioned in the case of HALSEY V MILTON KEYENS GENERAL NHS TRUST [2004] 4 ALL E.R 920. In this case the Court Of Appeal held that dealing […]

How To Reach A Settlement In Mediation

As parties approach agreement in the mediation sessions, alternative methods are available to the parties and mediator. If it seems helpful, the mediator can convene an intermediate joint session where the parties can negotiate the final points, face to face. If necessary, one or more private sessions may be interposed.  Again, the mediator might convene a final joint session at […]