Mediation: Theory to Practice

Our legal landscape is increasingly recognizing the hidden potential of consensual dispute resolution, where party autonomy is sacred. However, there is a limited body of literature that can effectively serve as a guide for students and practitioners alike to develop their basic understanding of the workings of mediation, and to employ critical thinking strategies that can assist them in solving the unique challenges that come with each mediation.

Mediation aims to fill that vacuum. It is structured keeping in mind the curriculum drafted by the Bar Council of India so that students can have consolidated reading material that not only focuses on orthodox theories and the conventional practice of mediation, but also deals with the best practices of cross-cultural and cross-border mediation. Additionally, emphasis is also laid upon the structure of conflict, a multidimensional vision of justice and the art of communication using advanced Neuro-Linguistic Programming. is book hopes to deliver some crucial insights into the law and practice of mediation, which can help young lawyers and trainers to handle mediation cases deftly and explore potential viable careers in dispute resolution that are different from litigation.

Iram Majid lives and breathes mediation. It is, therefore, no surprise that she has contributed so much and so effectively to mediation in several countries. Her book Mediation: Theory to Practice is yet another remarkable contribution.

Iram has considerable experience as a mediator and a trainer. Her professionalism and knowledge cut across all disciplines and all borders. As a mediator she has facilitated settlement of cross-border disputes and has trained several professionals, young and old, into competent mediators.

Reviews

We need to be grateful to Iram for sharing her learning over the years. She explains the art and science behind mediation and why it is the most favoured alternate dispute resolution mechanism. But that is not all; her lucid presentation style enables the practitioner to convert theory into a meaningful skill that enables parties to arrive at an amicable settlement. In short, her book is a must-read for anyone and everyone who has an interest in mediation - be it a trainee, mediator, disputant, lawyer or judge. May her tribe increase!

- Justice Madan B. Lokur, Former Judge of the Supreme Court of India and Former Chair of the Mediation and Conciliation Project Committee of the Supreme Court of India

Mediation is a means of both resolving disputes and mitigating risks, because it presents an efficient framework for reaching agreement that is largely free of the constraints and idiosyncrasies encountered in court litigation or even arbitration. As such, it is an important tool that should be as equally important to parties facing disputes as it is to those who are entering into contracts or other business arrangements.

This book is the first of its kind for India, a needed reference to assist those facing disputes in the country or doing business there. As readers will discover, mediation has deep roots in the country's history, and an increasingly important role in its legal system and legal culture through a variety of forms now available. By providing this background and guidance on current practice, this book will make resolving disputes and doing business in India more accessible to parties and their counsel.

- Micheal Mellwrath, CEO and Founder, MDisputes Srl; and Chair, ICC Governing Body for Dispute Resolution Services

Table of Contents:

1. Ancient Roots of Alternative Dispute Resolution: A Brief Sketch
2. Understanding Conflict Beyond Alternative Dispute Resolution
3. Restorative Justice: Philosophy to Practice
4. Ethos, Pathos, and Logos of Mediation - streamgbul Instroml
5. Strategies for Problem Solving: A Science and an Art
6. Impasse in Mediation
7. Checklist for Drafting Settlement Agreements
8. Enforcement of Mediation Settlement Agreements
9. Role of a Mediator
10. Effectual Communication: Stepping Stone of Success for Mediation
11. Ethics: The Moral Philosophy Behind Mediation
12. Important Developments in Mediation
13. Online Dispute Resolution: Today and Tomorrow
14. A Cross-Jurisdictional Analysis of Institutional Standards in Vax Mediation Forums
15. Career in Mediation: Exploring Opportunities for Students and till Legal Practitioners
Conclusion of Chapters
Frequently Asked Questions (FAQs)

APPENDICES
Schedule 1: Formats and Forms
Schedule 2: Mediation in Indian Legislation
Schedule 3: Conventions and Other Legislation
Schedule 4: Online Guidelines and Technical Notes of Different Institutes
Schedule 5: Ethical Standards for Mediator
Schedule 6: Miscellaneous
Schedule 7: Important Judgments
Index