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Search Search for an A ppropriate D ispute R esolution Not merely for an A lternative D ispute R esolution OR Additional Disputes Resolution.

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Presentation on theme: "Search Search for an A ppropriate D ispute R esolution Not merely for an A lternative D ispute R esolution OR Additional Disputes Resolution."— Presentation transcript:

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4 Search Search for an A ppropriate D ispute R esolution Not merely for an A lternative D ispute R esolution OR Additional Disputes Resolution

5 LitigationMediation Choice of Judge/Neutral third party NoYes Choice over procedure No (fixed) Yes

6 LitigationMediation Technical pleas Full play Nil Control over time NoYes Control over proceedings No control Full control

7 LitigationMediation Predictability Largely unpredictable By and large predictable Risk Very much : All or none Nil

8 Binding nature of the decision Binding as decree Agreement recorded by Court becomes decree Unending litigation YesAppeals, Second Appeals andRevisionsNil

9 . Search for a New ADR Search for a New ADR leads to Mediation

10 “Access to Justice means Access to Good Mediation” - Justice Krishna Iyer

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12 Mediation across the world USAEngland

13 Asian countries China Sri Lanka MalaysiaPakistanNepalBangladesh

14 Indian experience Mediation Centers functioning successfully in various High Courts & Districts Courts Allahabad Bangalore Bombay Chennai Delhi Gujarat Kerala Jammu & Kashmir Jharkhand

15 Gujarat Kerala Jammu & Kashmir

16 Elevated as Judge, Kerala High Court Elevated as Judge, Kerala High Court Appointed Chief Justice of J & K High Court Appointed Chief Justice of J & K High Court Presently Chief Justice of Gujarat High Court Presently Chief Justice of Gujarat High Court and and Patron-in-Chief, Guj. High Court Mediation Centre Patron-in-Chief, Guj. High Court Mediation Centre Hon’ble Mr. Justice K.S. Radhakrishnan

17 Gujarat High Court Mediation Centre being Inaugurated today December 23, 2008 by

18 Hon’ble Mr. Justice S.B. Sinha Judge, Supreme Court of India & Chairperson, Mediation and Conciliation Committee

19 HIGH COURT OF GUJARAT –MEDIATION GUJARAT HIGH COURT MEDIATION CENTRE- 23 rd December A New Beginning

20 Let us be the change that we want to see - Mahatma Gandhi - Mahatma Gandhi


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