Blog Posts

We have shown the world that we have capacity to absorb technological advancements in our court systems through the successful functioning of our virtual courts and in other ADR platforms of arbitration and mediation. This article analyses the scope for innovation where ODR could be integrated in our court systems and how the rural milieu could be seamlessly integrated to participate breaking the barriers of economic and educational class divide

Here is a great opportunity for the insurance industry to adopt a new paradigm of concluding a case without contest. That will leave the courts with just a manageable load that craves for attention requiring the forensic skills of active legal brains of argumentative lawyers and a skillful judge. - K.Kannan & Shantha Chellappa

If mediation session has refined us imperceptibly, that is seamlessly, without so much consciously acquiring them,but letting them add themselves in layers, it is great. Is there also not a need for constant personal audit? How we need to constantly introspect to ensure that we affect the parties in a positive way as they affect us. Come, imbibe 9 qualities.

Courts still have a strong hold on an average Indian litigant's psyche. Our ADR systems can succeed by leveraging the court' s overpowering influence to secure more referrals in areas that only the alternative systems could be most effective, such as as transport accident claims, cheque bouncing cases, maintenance actions, family partitions, compensation for land acquisitions, to name but few which can surely be settled and ought not to be taken up for trial.

Online Dispute Resolution (ODR) cannot be merely seen as an Alternative Dispute Resolution (ADR) tool. The judiciary must identify several areas where ODR could be integrated in their systems. The lawyers shall not just adopt adversarial posturing as the litigation plays out in courts. The shall collaborate, mediate and negotiate.

Now is the time for banking sector as the major disruptor in leading the change from slow moving court litigation approaches to quick, enduring, result oriented mediation initiatives.

There shall be a stand alone legislation for mediation. India has been a signatory to Singapore Convention and it is expected that a law dealing with both domestic and cross border mediation is enacted. That shall be the single most decisive legislative action that will add fillip to mediation movement in India.‍

There must be an understanding that in the outcome, there is neither victor nor vanquished

From insurance in the hands of private players to nationalisation of insurance business and back to the regime of private enterprise and foreign players, the insurance industry has come a full circle.