Allen Fernandes

Last month CAMP had the privilege to travel to multiple cities in the country with a senior delegation of international mediators from Foundation for Sustainable Rule of Law Initiatives (FSRI) who have started and led mediation movements in their country. 

The Infosys dispute did not have the mediation of a trained mediator who could have navigated the dispute away from the public arena. The purpose of this article is to share a differing perspective on five features of mediation that would have made it a very appropriate forum for resolving this dispute

The Commercial Courts Act amendment mandates pre-litigation mediation for commercial disputes, inspired by successful models abroad. Concerns over suitable mediation providers and recommendations for implementation efficiency highlight the need for experienced mediators, clear timelines, and enforceable settlements. Effective execution promises expedited, cost-effective resolutions, echoing Italy’s legal system reform success.

In the intricate tapestry of family business disputes lies the promise of mediation – a process finely tuned to navigate the delicate balance between business interests and familial bonds. Through careful design and adept management of emotions, mediators guide families towards resolutions that not only safeguard their enterprises but also nurture their relationships, offering a beacon of hope amidst the storm of conflict.

Could the Stayzilla-Jigsaw Advertising dispute have turned out differently if the parties had access to collaborative dispute resolution processes like mediation?

When facing a dispute, do you want to go up the conflict ladder or can you engage in a process that will support you and the opposite party to rationally address the situation at hand?

As I look out of the window of my home office and take in the stillness of a complete lockdown that has been imposed in the wake of COVID-19, I am struck by the sense of balance that exists amidst the chaos and panic that can also overwhelm me.