Commentary on the Arbitration and Conciliation Act, (Introduction by Fali S. Nariman)

Litigation’s losses are high in terms of time, expense and damage to relationships. There is a need for alternative methods which are quicker, cost less, yield practical and enforceable solutions , while preserving relationships. With its focus on noncoercive and consensual processes, mediation is the fastest growing dispute resolution remedy worldwide. With the law being amended and the courts setting up in-house mediation centres, a wide range of cases, including civil, commercial and matrimonial disputes, are being resolved by this process. Private mediation and professional practice are also taking off. The author brings out the art, techniques and skills required for mediation. He walks the reader through a full-length mediation with notes to illustrate different stages. The book shows how mediators deal with seemingly dead-end situations, and details norms of confidentiality and ethics. Advice for mediators, lawyers and parties follows. The law on the subject and the precedents laid down by courts in India and abroad are exhaustively dealt with. The book, based on the author’s experience of over two decades, is widely used as a reference and guide by mediators, judges and lawyers. It will also benefit companies and individuals facing or contemplating litigation, and is a must-have for law and social science libraries. In its second edition, the book adds substantial content, and updates developments and decisions of courts in India and abroad.