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Mediation: A Method of Alternate Dispute Resolution in India

Rajeev Kumar Yadav

Mediation: A Method of Alternate Dispute Resolution in India - Bangalore NLSIU 2020 - 69p.

TABLE OF CONTENTS
ACKNOWLEDGEMENT ;
CHAPTER 1 ;
INTRODUCTION ;
STATEMENT OF PROBLEM ;
SIGNIFICANCE OF THE PROBLEM ;
AIMS AND OBJECTIVE ;
RESEARCH QUESTIONS ;
HYPOTHESIS ;
RESEARCH METHODOLOGY ;
SCOPE OF THE STUDY ;
LITERATURE REVIEW ;
CHAPTERIZATION ;
CHAPTER-2: MEDIATION AND ITS PROCESSES ;
Mediation Meaning ;
Nature and Scope of Mediation ;
Judicial Decisions ;
• STRUCTURE OF THE MEDIATION PROCESS ;
CHAPTER-3: DEVELOPMENT OF MEDIATION: GLOBAL SCENARIO ;
CHAPTER 4: CONCEPT OF MEDIATION UNDER VARIOUS LEGISLATIONS IN INDIA ;
THE NDUSTRIAL DISPUTES ACT, 1947;
“THE ARBITRATION& CONCILIATION ACT” ;
CODE OF CIVIL PROCEDURE ;
“CODE OF CRIMINAL PROCEDURE” ;
“HINDU MARRIAGE ACT” ;
THE SPECIAL MARRIAGE ACT, 1954 ;
COMPANIES ACT, 2013 ;
COMMERCIAL COURTS ACT, 2015 ;
PRE-INSTITUTION MEDIATION (P I M) DEFINED ;
Procedure for Initiating Pre-Institution Mediation ;
“CONSUMER PROTECTION ACT, 2019” ;
CHAPTER-5: SINGAPORE CONVENTION ;
SCOPE OF THE SINGAPORE CONVENTION ;
LEGAL EFFECT OF MSAs ;
REFUSAL OF GRANT RELIEF ;
WHAT DECLARATIONS CAN BE MADE BY STATES? ;
CONSISTENCY BETWEEN MAINTAINING INFORMALITY OF MEDIATION AND AVOIDING ABUSE OF THE ENFORCEMENT FRAMEWORK ;
UNCERTAINTIES REGARDING HOW THE SINGAPORE CONVENTION WILL BE OPERATIONALIZED? ;
EFFECT OF THE SINGAPORE CONVENTION IN INDIA ;
INCONSISTENCY WITH RESPECT TO THE TERMS ‘MEDIATION’ AND ‘CONCILIATION’ ;
ENFORCEMENT OF SETTLEMENT AGREEMENTS ;
CHAPTER 6: IMPACT OF COVID-19 ON THE FUTURE OF ONLINE MEDIATION ;
PROCESS OF ONLINE MEDIATION ;
IMPLEMENTING ONLINE MEDIATION IN INDIA ;
CHAPTER 7: HURDLES RELATING TO IMPLEMENTATION OF MEDIATION ;
IMPLEMENTATION OF MEDIATION SETTLEMENT ;
MEDIATION SETTLEMENT – POST AFCONS JUDGEMENT ;
ABSENCE OF DETAILED STATUTORY PROVISION ;
INADEQUATE USE OF PRE LITIGATION MEDIATION ;
ABSENCE OF TRAINED MEDIATORS ;
LACK OF INFRASTRUCTURE: - ;
RESISTANCE BY THE BAR ;
CHAPTER 8: CONCLUSION AND SUGGESTIONS;
BIBLIOGRAPHY .