ICADR International Centre for Arbitration and Dispute Resolution.

ICADR - An Introduction

The justice dispensing system in India has come under great stress for several reasons, chief of them being the huge pendency of cases in courts underlining the need for Alternative Dispute Resolution (ADR) methods. The Government of India thought it necessary to provide a new forum and procedure for resolving international and domestic disputes quickly. The ICADR is an autonomous organization working under the aegis of the Ministry of Law & Justice, Govt. of India with its headquarters at New Delhi and Regional Centres at Hyderabad and Bangalore. The Regional Centres of ICADR are fully funded and supported by the respective State Governments. The Chief Justice of India is the Patron of ICADR. At the regional level, the Chief Justice of the concerned High Court is the Patron of the Regional Centre of ICADR.

http://icadr.ap.nic.in/other/pg-diploma.html

However, one needs to enquire about the next programmes.

Mediation between cousins.

Mediation between the cousins over the inherited property based on an oral will.

This mediation got triggered on a Whatapp. The family wants to settle a property dispute based on an oral will. The cousins are scattered all over the globe. The question now is who will bell the cat?

The following is some simple suggestions given to them with regards to the benefits of mediation

1. It is faster. People arrive at mutually agreeable conclusions in a few sitting's.

2. It is more reasonable than court litigation. 

3. Helps a healthy communication happen.

4. Keeps bitterness away.

5. Everyone concerned with the case gets a voice.

6. Helps you towards better relationships than before actually.

7. When unresolved matters linger there is unwanted stress effecting the health of all concerned.

8. Going legal specially in this case would mean expensive, long court visits.

9. The next generation will benefit when the documents are concrete and in place and have been arrived at with mature consenting adults. ( A legacy far better than the property in question).

10. They also learn the value of resolving issues through dialogues. Rather than rushing to a court.

Only 15 Mediators!!

Only 15-mediators-cater-to-100-couples.

Mediators Link.

Highly recommend this site for #Mediators everywhere.

Mediators Beyond Borders.

NLUI, Bhopal does it again.

NLUI holds another competition on Mediation.

Here is a list of teams participating.

1. Amity Law School, New Delhi (GGSIPU)
2. Amity Law School, Noida
3. Amity Law School, Lucknow
4. Bangalore Institute of Legal Studies
5. BVP New Law College, Pune
6. Drake University Law School, Des Moines, Iowa
7. Faculty of Law, Jamia Millia Islamia
8. Faculty of Law, University of Allahabad
9. GLC, Mumbai
10. Gujarat National Law University
11. Hidayatullah National Law University, Raipur
12. ILS, Pune
13. Institute of Law, Nirma University
14. Jindal Global Law School
15. KIIT Law School
16. NALSAR, Hyderabad
17. NLU Jodhpur
18. National Law School of India University (NLSIU), Bangalore
19. NLU Orissa (2 teams)
20. NLU Delhi
21. Rajiv Gandhi School of IP Law, IIT KGP
22. Rajiv Gandhi National University of Law, Patiala (2 teams)
23. RMLNLU, Lucknow (2 teams)
24. Raffles University School of Law
25. Scool of Excellence in Law, Chennai
26. SVKM Pravin Gandhi College of Law, Mumbai
27. Symbiosis Law School, Noida
28. NUJS, Kolkata
29. University Law College, Bangalore

A Lawyers take on Mediation.

In conversation with a lawyer.

Lawyers do not recommend mediation at the outset, when the question was asked to a lawyer

the response was,
"Even if I see that the case is best sorted at a Mediation I will not suggest it to the clients as the first step. Because they will look at it like I am not competent as a lawyer to handle the case and want to palm it off onto a mediation which is a simpler process. They usually come prepared for a legal process, having consulted some friends. Parties often assume that an out of court settlement means getting a raw deal. So I'll make out a case and then appropriately place the mediation option later when they trust me more."

Most of the people are not looking for a solution to there problem in the courts. They file cases out of vengeance, greed, deceit and rage. They want to punish or get even with people. Some clients spend there entire life in court halls because of the hatred they nurture towards another person. Sometimes, however,  there is no way out.

The fees charged in a mediation is in a legal proceeding. Because the procedure is simpler and speedier. The court case is a long drawn procedure and the expertise of the lawyer in needed from time to time. Hence, the fees of the lawyer and the court is more.

Another lawyer had a more interesting perspective, and which is more common too. He said that I know the case is better settled outside of the courts in a mediation or conciliation process. But if I tell that to the parties firstly they will find another lawyer. It is better that I take the case and take it the way it should".

Internship at Bangalore Mediation Center.

The Mediation centre at Bangalore is active the entire day with many cases pouring in. The family courts are in the same building. A heaven for anyone who wants to learn anything about the Mediation and the procedure.
The friendly staff and the very encouraging directors their adds to the charm. Unlike a court it is a warm place.

Read a version of an intern here.

Bangalore Mediation Centre for Interns.

Marriage a fresh look at the relationship.

We all want a good relationship. Period. But sometimes the matters get out of hand. We want good advice but nothing comes from friends and family.

These posts on Marriage makes one take a glance from afar at a relation ship.
These help in understanding some stuff better than you would on your own.
It will help get a hold on your relation ship on your own.
Take a look at the posts.

http://familyshare.com/marriage?Itemid=726

Society & Divorce/ Women's stand.

Women need to adjust and compromise more than the men and that has to be an important factor in deciding custody and maintenance matters.

There are more issues addressed in the Article from the Livemint magazine.


These are the reasons of a lady who is clear about her stand in the divorce proceedings.
"If a woman has a child to take care of, she has to make adjustments and compromises. Whether it is maintaining the harmony at home, keeping the kitchen running like clockwork, school assignments, taking care of the in-laws—there are many things a woman contributes that are never quantified. Does she have the ability to earn as much as her husband? Yes, of course. But she can’t and won’t work a 14-hour day and impress the boss. She must inevitably take a career back seat, which equals a financial back seat, to her husband’s career.”

Live Mint Article.

ADR Notes. (Mr.Nishith Desai)

I am posting the Indian speakers deliberately, yes they are few, and I need the Indian context for ADR and Mediation specifically.
Here's Mr. Nishit Desai on Arbitration.


http://www.youtube.com/watch?v=gQfEkfxwxtU

ADR Notes.(Vivek Kathpalia)

A talk on the difference between Litigation, Arbitration and Mediation listen in.

Litigation, Arbitration, Mediation Vivek Kathpalia. (A Talk)

Marriage. Ceremony or Relationship.Prioritize.

The glitz and glamour projected on the screens has taken away the focus of a marriage from the relationship to the ceremony.
The unfortunate effect is the growing families in court rooms rather than in  warm homes.

 http://www.thehindu.com/opinion/columns/the-aamir-khan-column-its-your-entire-life-not-just-an-event/article3439626.ece

In dispute resolution, adjudication has its limits, mediation its place

 A place for Mediation and a place for Adjudication.

Unwilling parties in a Mediation.

Here is a very balanced and proper article on the Mediation process.

Unwilling parties.

Making Mediation Popular ( Mock mediations)

Colleges are where dreams are formed, values instilled, the age where the students are full of energy and want to make the world a better place. The spirit to do something is highest at the college level.
If students are introduced to the peaceful aspects of living then there is hope that they will take that road. If it is not introduced at all then the education is left incomplete. This is happening all along.
One of the areas I will be touching upon in mediation in India is addressing the students and teachers of colleges specially law colleges.
One Law college I went to recently gave me a glimpse of what to expect.

The professor said that Mediation is a small chapter in the syllabus and that the students would simply go to the mediation centre to study the centre. Not a very important subject.
My questions ..how will a practicing lawyer know? That disputes could be resolved amicably too and that practicing mediation could be a thriving practice. It is about good will. People want peace whatever space they may come from. This has happened in the USA and European countries too.

Mock Mediations.
Here is an International mediation tournament being held at the NLIU, Bhopal.
It is very gripping and interesting. Around 29 colleges participated.
I hope that many colleges too take up such competitions. These are the best way to get the students have a first hand experience of a mediation set up.
See here.
International Mediation-competition-2012
The students have done an amazing job, not only of conducting the conference very professionally but recording it too. The viewers have a very good peek into the proceedings. Congratulations to NLIU, Bhopal.
Law College, Bhopal.

Competitions on Topics related to Mediation.
Mediation is an attitude which needs expression, and proper expression needs the right vocabulary. Our vocabulary if keenly observed has very few words of resolving and reconciling. In our Indian system I just observed that, we as students are either taught to give speeches or debate. We are indoctrinated with lectures on values. But the essence is lost as there is no vocabulary of peace, non violent communication, negotiation, resolution, getting together, talking it out etc.,

Another area I will be working on is having contests for students to think and speak peaceful topics. Suggestions and ideas are welcome. If anyone is already working in this sphere too an interaction is most welcome.

Spirituality Series (Resolving personal conflicts,SriSri)

The matters of heart and mind seek a spiritual angle. Many of our problems arise from the conflicts within. If these get addressed then our relationships with people around us too change. Our perspective on problems involving relationships eases and when we calm down our approach to resolve them becomes easier too.

Sri Sri Ravishankar, has been in news for taking up resolving conflicts across the globe. Mediation at work to show it works.

"Sri Sri goes with a human touch and a decisive methodology of 'humaneness.

At the height of Naxal terror a diminutive man is trying to make inroads to
break the strongholds of the extremists by treading at variance with the
bullet-for-bullet approach.
He goes with a human touch and a decisive methodology of 'humaneness' to change
the hearts and minds convinced that ‘men are not stones’ and even stones
can change.

In the rampant violence-stricken areas of Jharkhand he has made but
a small dent by getting some Maoists to give up arms. Post reform they have
floated a party- Jharkhand Vikas Party (JVP) - all set to contest the next
elections convinced of the supremacy of the ballot over bullet. He says among
the reformed is a commander who has a large following and this could be a
beginning.
This is just a small step for Sri Sri Ravishankar, Founder of the Art of Living
Foundation, who has already made many a stride in crisis-affected areas
elsewhere. He says he rushes to conflict  areas 'following his heart' convinced
that there 'is a Balmiki in every daaku’ and he can contribute to peace
efforts and trauma relief."

Read the complete interview of Guruji with UNI:
Ballot over bullet. Mediation.
Art of Living Bureau of Communication- DELHI NCR

SriSri says, Conflict is always emotional. Resolution is intellectual. Emotional conflict can't be dealt with emotions. Similarly, an intellectual argument cannot be dealt with the intellect. 

The emotional side of it has to be considered. If you observe carefully there is a stream of emotions behind an intellectual argument. Life is a fine balance between the emotions and the intellect. When to use what, is the real wisdom. And how do you gain that wisdom? The answer is meditation,meditation and meditation.

If you ask anyone who has done any type of mediation would agree. Having spent a lot of time in the courts and with people who meditate and as a practicing meditator I have often heard people say that my relationships with people have improved after taking up meditation.

Will write more on the spirituality of conflict from other masters.

Making mediation Popular (Street plays)

Mediation is of the heart. It involves people. At another level its an attitude.
An attitude that when conflicts stay unresolved cause agony to both the parties involved in a dispute. Many conflicts involve families, neighbours, friends and companies. They could have complicated issues or very simple matters. When they are not addressed they grow into serious problems and what is worst is they land up in a court.

The method of street plays has been probably the oldest in any civilisation.
A theatre group or any individual actor who understands meditaion could put up small plays, skits etc., high lighting the concept of mediation.
Plays speak much more than speeches do, people identify themselves with the characters and act upon the message more faster than any other medium. The immediate response of the audience is what attracts serious actors to take up acting in theatre rather than in movies because of the instant connect.
Specially in villages this method would be highly successful. The rural areas are the places where the country still lives. However, owing to the changing scenario where the people are moving to the cities for better employment opportunities has created a certain void in the village lives.
The youth are wasted as they generally languish aimlessly. They get into wrong habits which leads to crimes in villages.
The illiteracy levels are quiet high and people actually do not go to courts as they should. The street plays would address the importance of even going to a court to begin with whenever it is needed.

The street plays could be performed in colleges, around court halls, in central areas of cities.
This requires an awareness drive. The street plays could also be filmed and posted in public domains on the net.
An interested group would be welcome to get together. This is easiest done by college students as a pert of the project to generate awareness are my thoughts.

Making Mediation Popular (Courts.)

This is the most vital part of writing this blog. The many ways that could be used to make Mediation popular in India. So that people who have filed cases and can get relief in a mediation must seek mediation.
It is rather too long as I have to stand on each topic for long. So I will make this into a series.

The courts.
The courts play a vital role here, specially in India where the Judges are the most aware of the future of a case.
The judges guide the parties to take up mediation when ever they observe that the case can be sorted through a discussion among the parties.
Most of the time such an intervention is taken well by the parties. This is the most popular way the litigants are introduced to the concept of mediation. They are initially confused and rather surprised, specially when they hear the opening statement. Then, they are at ease and cooperate with the process.
This happily forms the majority, and such cases normally see a happy ending too.
However, not all cases end like this. Some cases may still need the court intervention and so after agreeing to a matter at least partially settled at the mediation, they go back to the courts.
Some cases may not be suitable for mediation at all, they continue in the courts.
The courts make mediation an accepted process better than any other means. If there is no Mediation centre it would be a good idea to approach the court with an application to have it referred to the nearest centre. Most of the High Courts in India have a Mediation Centre attached. (the list is in this blog..they are being updated constantly).

A Mediation Case in Pune.(Media)

At last my hunt for some Mediation cases in the Indian media is fetching results. I'll post cases reported in the Indian media on Mediation.
This was reported in the Times Of India, where while hearing advance bail plea, court sends marital dispute for mediation on 7th November 2012

"PUNE: For the first time, a local court has referred a matrimonial dispute case to a mediator.
The court was hearing an anticipatory bail plea filed by a software engineer and his family on Saturday. The man moved the court fearing arrest in a matrimonial dispute case filed by his wife, who is a constable at the immigration counter of the Pune airport.


Web-link: http://articles.timesofindia.indiatimes.com/2012-11-06/pune/34947486_1_mediation...

Parents and Divorce Proceeding.

One of the mediations that I sat through was, where the mediator played a counsellor on the request of the daughter who was going through the Divorce.
As the Divorce case was coming to a close the mother of the party (lady) was heading towards a nervous breakdown. Fortunately, she had come to trust the warm and friendly mediator at the Bangalore Mediation Centre.

The family was a typical middle class where the father was the provider, the mother had never stepped out but took complete charge of the household. Her only interactions were of the neighborhood ladies or the family women folk who thrived on gossip from families. She could not come to terms with the fact that she was on the other side of the fence.
Surprising, that the mother cared more of that fraternity than the daughters' well being. How and when our priorities get lost sometimes we never know.
The mediator convinced her that as a mother she needs to stand by her daughter and help her move on with her life. The father was still aloof and not used to playing a vital role on the emotional front in the family, he was suffering but had no vocabulary to express I guess even to himself.


"In our world, a divorce is SEP — Somebody Else’s Problem. It never comes home. It’s what is spoken of in hushed tones about far-off relatives when you meet other far-off relatives.
My poor mother. She became the gossip...." writes Arathi Menon, read here


http://www.livemint.com/Opinion/joSxYsgRB6THhxWW3NOYgO/DANCING-DIVORCEE-When-the-heart-breaks-again.html

I feel, here is a society thats changing surely, but rather fast for the generation before us. This is because they cemented relationships by having problems and solving them together,  they went through there ups and downs. There were unsaid rules of the society. Once the children came in life revolved around them and they take priority. Yes, they do pay a price where either of the spouse specially the mother's sacrifices end up being more. This role of the woman is changing..the men are not willing to get ready...this is what I have understood.