Disputes are an inevitable part of life. Whether it is a courtroom or our home, every dispute has two components: people and problems, and to reach a solution to this problem a proper process is always necessary. The book written by Senior Advocate, Sriram Panchu simplifies the process of mediation and skills required for a successful mediation.
To resolve a dispute, there are two modes: adversarial-like litigation and arbitration and non- adversarial-like mediation and conciliation. The concept of mediation is not new, rather it is deep rooted in India. From Lord Krishna mediating between Kauravas and Pandavas in the Mahabharata, to family elders resolving domestic issues, to the resolution of disputes at the community level through Panchayats, there exists a strong culture of mediation in India.
Illustrated real life meditations: The beauty of this book by Sriram Panchu is that it provides the art and skills required to master the intricacies of mediation, based on the author’s experience of over two decades. The book is a light read scattered with real life meditations in the form of anonymous illustrations. The introductory chapters throw some light on the different ADR mechanisms and why mediation is the most favored one.
Guide for both commercial and family disputes: Moving further, the author elaborates upon different skills required for mediation in both commercial and family disputes. The best part about the book is that it gives an overview of mediation techniques in such a way that it is not only a guide for lawyers but also for parties, to help them understand their role in mediation better.
Covers international legal developments: The practitioners can use this book to begin their career as mediators or brush up their skills while updating their techniques. This book also takes into account the important legal developments around the world in mediation such as the Singapore Convention, UN Model laws, and online dispute resolution.
How to deal with dead end situations: The book is perfect for beginners looking to understand the intricacies of mediation and how the mediators deal with dead-end situations while maintaining confidentiality and ethics. It contains advice from one of the bests in the field.
III Edition: Published in 2021
Publisher: Lexis Nexis
Book forwarded by: Fali S. Nariman
Sriram Panchu, a Chennai based lawyer and a Senior advocate, is the doyen of Indian Mediation. He has been on the forefront of the mediation movement in India for almost thirty years. He is an internationally recognized India mediator and is on the panel of senior mediators of national and international institutions. He graduated from Government Law College, Mumbai and commenced his practice in 1976 at the Madras High Court. He was designated a Senior Advocate title in 1996.
In 2005, he set up India’s first court – annexed the mediation centre at the Madras High Court, and has assisted the Supreme Court and other High Courts to do so. He has mediated a large number of complex and high-value commercial disputes in India and abroad.
He has also been appointed by the Supreme Court of India to mediate significant public disputes such as the recent Ayodhya Ram Janmabhoomi-Babri Masjid dispute, a border dispute between the States of Assam and Nagaland, and a dispute within the Parsi community in Bombay over a ban on priests etc.
He is a member of the National Legal Services Authority of India, (NALSA ) and the President of the National Association Mediators, India. He is also the Director of the International Mediation Institute ( IMI ) and is on the panel of senior mediators of national and international institutions. Moreover, he heads the Mediation Chambers.
In December 2018, the Bar Association of India conferred on him its Lawyers of India Day Award of Honour and Distinction. During his facilitation, the then Additional Advocate General of Tamil Nadu, P.H. Arvindh Pandian said, “if mediators in the State could be compared to Arjuna in Mahabharat, then their success would solely depend upon Mr. Panchu who stands by their side like Lord Krishna.”
Other books written by the Author:
1. Settle for More – the Why, How and When of Mediation (2007): The book was first of its kind that introduced the subject to the Indian audience.
2. The Commercial Mediation Monograph (2019): The book is an engaging conversation with the author and is a perfect read for not only legal practitioners but also for a General Counsel, CEO/CFO or a promoter of business to evaluate whether they wish to adopt mediation as a dispute resolution mechanism.
Awards
In December 2018 the Bar Association of India conferred on him its Lawyers of India Day Award of Honour and Distinction.
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About the author
Aastha Chawla (Student Reporter, Indian Law Watch)
Aastha is a B.A. LL.B student from Rajiv Gandhi National Law University. She was Junior & Digital Editor- Centre for Environmental Legal Studies (CELS), RGNUL (2020-2021); Member- Centre for Advanced study in Energy Laws (CASEL), RGNUL (2020-2021). She has to her credit the publication of ‘Cost Allocation Rules in Arbitration: A Solution to Frivolous Claims?’, Sapphire & Sage, Law Offices (April 2021); “Is Decriminalisation of Section 377 enough?” SCCOnline (October 2020) to name a few. She got award for Best Memorial and Semi-Finalist, 8th Bose & Mitra International Maritime Arbitration Moot (IMAM) 2021 organised by National Law University, Orissa (December 2020-April 2021).