Mandatory mediation

(Managing Partner, Patnaik and Co)/ /Leave a comment

While dust settles on the passing of the Mediation Act, 2023 (“Mediation Act”), many have already written about the different dimensions of mediation under it. India’s mediation regime is unique for not only promoting indigenous modes of mediation, but also for championing mandatory statutory mediation. This includes the obligation to mandatorily utilise the pre-institution mediation…

General, India

(Managing Partner, Patnaik and Co)/ /Leave a comment

It is quite well recognized that India is not particularly a mediation-friendly country, and the corporate-legal community is yet to internalise commercial mediation as an alternate for dispute resolution. Despite the establishment of civil mediation centres across certain High Courts of the country, organised mediation has largely remained obscure in its application for larger disputes….