Author: Sriram Panchu
Publisher: East West Books
ISBN/UPC (if available): 8188661570
This book charts a different way of resolving legal disputes. It takes us to the world of mediation, which helps disputants arrive at solutions by consensus and saves them time, money and relationships. Staring with an analysis of the problems of adversarial litigation, it demonstrates, with several examples, the remedial features of mediation. The voluntary and confidential process enables parties to participate actively, retain decision-making power, and have their agreements enforced by courts. A detailed chapter on how mediations are conducted is illustrative and instructive.
The book does not negate litigation. Instead, it develops criteria by which cases can be earmarked for the most suitable form of redressal – adversarial or consensual. This harmonising principle of appropriateness provides the benefits of both these methods, and saves us from the problems of indiscriminate application of either. This powerfully new paradigm also widens the dimensions of law practice and the role of the courts. Adding to their traditional roles, lawyers can become peacemakers and courts can house rooms for consensus. The message is that all of us, sufferers and resolvers of conflict, will benefit.
Necessity and feasibility converge. A blueprint for reform focuses on possible changes in the educational and legal system. It also stresses that mediation is not confined to disputes in courts; the world of private mediation is large, with application in business, personal and community issues at any stage of the conflict. A look at wider perspectives rounds off this exploration, whose ordered flow starts with the need for mediation and closes with its indispensability.
The nature of the Adversarial Process
Attempts at Reform
The case for Mediation
The ‘How To’ of Mediation
The Principle of Appropriateness
Mediation and Lawyers
Courts and Mediation
Blueprint for Change
Looking at the Larger Picture