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Your Monthly Edutainment!

It's Education! It's Entertainment!

It's Edutainment!

Who Needs Netflix?

Monthly Edutainment!

Details are available in my Social Media posts. 

Click on the name of the show to see the Playlist of all episodes of the show.

Evolution Of A Mediator

In this Series of Fireside Chats with distinguished Mediators from around the World, they take us through their journey of life and I explore their evolution and the evolution of their Mediator Mindset.

In Conversation With A Beautiful Mind

This is a Series of chats with those that have a Mediator Mindset. They will be from diverse backgrounds and from different parts of the world.

Lectures About Mediation

Inspiration for this Series has come from Ken Cloke's statement on Episode#1 of my show, Evolution Of A Mediator where he said that “I went for a Lecture about Mediation and in 2 minutes I knew that my life had fundamentally changed”. Through this Series I hope to inspire some people and hopefully we will have more people like Ken Cloke in the world because the world needs them.

Talking Books

Because Some Of Us Don't Read Them

In this Series I will discuss books with their authors. I’m Talking Books because I don’t read them.

Mediator Experiences

This is a new Series where Mediators from around the world will take us through their memorable experiences.

Mediator Reflects

With Michael Lang

This is a new Series on Reflective Practice in Dispute Resolution. For more than 30 years, Michael has been speaking about and teaching the principles and methods of reflective practice as he knows this approach helps practitioners become more effective, responsive and resilient.

Mediation Visionaries

In this Series, Mediation Visionaries from around the world will share their Vision2026 for Mediators & Mediation and how they see us getting there.

Mediator Lifestyle

In this show, as the name suggests, Mediators will give us a glimpse into their Lifestyle.

Celebrating Mediators!

Because We Are Special

31st May

7 pm India Time

1:30 pm UTC

On the last day of every month, I celebrate the Birthday of Mediators that fall in that month (not the Mediators who fall in in that month but the Birthdays that fall in that month). 

Zoom link will be posted in the International Mediators Collective groups on LinkedIn and Facebook. 

Please get in touch if your Birthday is in May or if you want to join the Party.

Mediation Open House

The Open House is open to anyone who has an interest in Mediation. You could be based in any part of the world. The chat's FREE but you have to Bring Your Own Beverage (BYOB). No Registration required.

The next  Open House is on:

Monday 16th May 2022

7 PM India Time

1:30 PM UTC

Click here to join the Zoom meeting.

Edutainment 2021

Lots of Edutainment came your way in 2021

90+ Speakers from 40+ Countries in the Woodstock Of Mediation - Symposium#1 on Mediation In Our Culture And Traditions

27 Chats on In Conversation With A Beautiful Mind

22 Episodes of Evolution Of A Mediator

16 Experiences in Mediator Experiences

13 Lectures About Mediation by the Best In The World from Mediator Vikram Academy

2 Books in TalkingBooks (Because Some Of Us Don’t Read Them)

2 #Vision2026 Mediation Visionaries of my Dispute Resolution Revolution

1 Reflection in Mediator Reflects

& more

but no Partridge in a Pear Tree (I'm sorry)

I thank all those who were part of the events. Really appreciate your taking out time.

We have to change the way people look at Dispute Resolution. We have to help and assist disputing parties in resolving their disputes in an amicable manner. We have to move them from an adversarial to a collaborative mindset.  

Be a part of Mediators Collective if you're someone whom people trust to assist them in resolving their disputes. No special qualification, training or experience is required. All you need is a Mediator Mindset. You could be based anywhere in the world.

Be a part of Peacemakers Collective if you are passionate about promoting Mediation and spread its awareness in schools (Peer Mediation) and communities and create a Culture of Mediation. You will identify those with the Mediator Mindset and  coordinate between the parties in dispute and the Mediators. You could be based anywhere in the world. It’s an ideal opportunity for school teachers but isn’t limited to them.

Get PAID while you AID

"Reach out and help others. If you have the power to make someone happy, do it. Be a vessel, be the change, be the difference, or be the inspiration. Shine your light as an example. The world needs more of that."

- Germany Kent

"Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that." 

- Martin Luther King Jr.  

Let's be the light and the love that the world needs.

"The planet does not need more successful people. The planet desperately needs more peacemakers, healers, restorers, storytellers, and lovers of all kinds."

- Dalai Lama

"Great peacemakers are all people of integrity, of honesty, but humility."

- Nelson Mandela

"I urge you to be peace makers. To love peace, to seek peace, to cherish peace, to create peace."- Jeffrey R. Holland

Please get in touch if you have what it takes to be a part of Mediators Collective or Peacemakers Collective.

Lectures About Mediation

By The Best In The World

Lecture#1 by Ken Cloke

YouTube

Lecture#2 by Sriram Panchu

India

YouTube

Lecture#3 by Ken Cloke

YouTube

Lecture#4 by Tat Lim

Singapore

YouTube

Lecture#5 by Michael Lang & Tzofnat Peleg-Baker

USA

YouTube

Lecture#6 by Adeyemi Akisanya (Yemi)

Nigeria

YouTube

Lecture#7 by Gunavathi Subramaniam

Malaysia

YouTube

Lecture#8 by Rafael Lobo Niembro

Mexico

YouTube

Lecture #9

Clase#9 entregado por Rafael Lobo Niembro en Español

Mexico

YouTube

Lecture#10 by Luis Oré

Peru

YouTube

Lecture #11

Clase#11 entregado por Luis Oré en Español

Peru

YouTube

Lecture#12 by Michael Lang & Tzofnat Peleg-Baker

USA

YouTube

Lecture#13 by Lisa Singh

USA

YouTube

Lecture#14 by Patricio Cury Pastene

Chile

12 January 2022

6 pm India | 12:30 pm GMT

YouTube

Lecture#15 by Michael Lang & Tzofnat Peleg-Baker

USA

YouTube

Lecture#16 by Kathy Porter

Canada

On Just Ice, Collaborative Poetry & Climate Change Mediation

YouTube

DISPUTE RESOLUTION

Disputes shouldn’t arise in an ideal world, the Wonderful World that Louis Armstrong sang about and the one John Lennon did Imagine. Till we get there, there will be disputes and we must resolve them. These could be commercial, civil, workplace, family or community disputes.

"I’ll see you in court" may sound nice in movies, however, from my years of experience as a lawyer and having handled litigation at various levels including the Supreme Court and High Courts in India, I can tell you that litigation is a very long and expensive route to take. In India itself there are more than 40 million cases pending in courts and the average time taken for a case to be finally disposed off is about 14 years. That's 14 years of a person's life gone in making rounds of courts, incurring huge costs and at the end of which there is still an uncertainty whether you will win or lose the case. In addition, the pendency of the case will affect your peace of mind and also the people around you. Backlog of cases and delay in getting justice is the situation not only in India but also in most parts of the world. Instead of access to justice there is denial of justice because "justice delayed is justice denied". With the pandemic, the backlog will only increase. Arbitration is also expensive and time-consuming.

"Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough".

- Abraham Lincoln

My practical advice is that the best way to resolve a dispute is among yourselves. Open communication channels, sit together, keep your ego aside, negotiate and settle the dispute. You may need to make some compromises but that’s life and totally worth it if it leads to peace of mind. You must resolve your dispute at the earliest before allegations and counter allegations spoil your relationship to the point that settlement becomes even more difficult.

We have to change the way we look at Dispute Resolution. We have to resolve disputes in an amicable manner. We have to move from an adversarial to a non-adversarial and collaborative mindset. 

MEDIATION

In case you can’t resolve a dispute among yourselves then Mediation should be your preferred method of resolving it.

Mediation has been very appropriately defined in the Singapore Convention in a very broad manner as a process, irrespective of the expression used or the basis upon which the process is carried out, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person or persons lacking the authority to impose a solution upon the parties to the dispute.

You settle the matter among yourselves and decide the terms of the Settlement Agreement, which then becomes binding and enforceable as a contract.

In India, a Settlement Agreement entered into in a Conciliation under the Arbitration & Conciliation Act, 1996 has the same status and effect as an arbitral award on agreed terms and can be enforced in the same manner as if it were a court decree. Sections 61 to 81 of the Act contain the provisions relating to Conciliation. Confidentiality of the process and it being without prejudice are protected under the Act. No special qualification or experience is required to be appointed as a Conciliator under the Act and rightly so as it is a party driven process and they are the best judge of the person that they want as their Conciliator. It is their dispute and they can choose whoever they are comfortable with to help them to resolve it. You can resolve your dispute among yourselves even if your matter is pending in Court.

Mediation is the future of dispute resolution and should be the primary method of dispute resolution, be it commercial (even high value ones), civil, workplace, family or community disputes and even in compoundable criminal cases.

Mediation can be very effective and should be the primary method to resolve disputes where communities are affected by development projects or there are disputes between communities or within communities or in communities.

With the United Nations Convention on International Settlement Agreements resulting from Mediation also known as Singapore Convention coming into force, Mediation should also become the preferred dispute resolution method for International Commercial Disputes including Investor-State Disputes.

With Mediation you resolve the dispute, get your peace of mind and can also maintain or even improve your relationship. All this in a cost-effective and timely manner.

It's a Win-Win!

“An ounce of mediation is worth a pound of arbitration and a ton of litigation”

- Joseph Grynbaum

Prevention is better than cure and Mediation is also an excellent way to prevent disputes as you can nip them in the bud. Mediators should be engaged at the time of drafting of contracts (Deal Mediation) to ensure a fair Agreement so that a Dispute doesn't arise.

Mediators should also be appointed as part of the implementation of projects so that disputes, if any, can be resolved at the earliest so that the projects do not get delayed. This is very important in infrastructure projects as delay in such projects can affect millions of people.

Online Mediation

This Covid-19 pandemic has impacted us in various ways and has changed the way we work and communicate with each other. Hopefully, due to the pandemic we are becoming or should become less adversarial, more co-operative and more collaborative. Mediation fits in perfectly in such a state of mind. Our lives have moved online and so has Mediation. Online Mediation is a perfect fit in this Online World that we live in.

With Online Mediation, the entire process can be conducted online so you can resolve your dispute from anywhere in the world and from the comfort of your home or office or a beach or in the hills or any other place you happen to be. Online Mediation is paperless and does not require any travel so you also save the environment.

Another Win-Win!

"In the middle of every difficulty lies opportunity" - Albert Einstein

United Nations Convention on International Settlement Agreements resulting from Mediation

This Convention is also known as Singapore Convention because it was opened for signature in Singapore. The Convention has entered into force on 12th September 2020.
Mediation has been very appropriately defined in the Singapore Convention in a very broad manner as a process, irrespective of the expression used or the basis upon which the process is carried out, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person or persons lacking the authority to impose a solution upon the parties to the dispute.

The purpose of the Convention is to facilitate the cross-border enforcement of Settlement Agreements concluded as a result of a Mediation process in relation to International commercial disputes. The Convention is for Mediation what the New York Convention is for Arbitration and is actually a step better as Settlement Agreements resulting from Mediation signed in any country, be it a country that hasn't even signed the Convention, can be enforced in a country that has ratified the Convention.  
Enforcement is, of course, subject to the relevant law of the country where the enforcement of the Settlement Agreement is required. Lack of enforceability of Settlement Agreements resulting from Mediation was a major reason cited for Mediation not becoming popular to resolve International commercial disputes. With the coming into force of the Singapore Convention and as more countries ratify it, Mediation should become the preferred dispute resolution method for International commercial disputes including Investor State Disputes.

Click here for the authoritative information on the Singapore Convention including the official text and the status.

If and when a country ratifies the Singapore Convention it will be a great opportunity for the statute to be a comprehensive legislation in relation to domestic Mediation as well. The legislation should protect confidentiality of the process and it should be without prejudice. The guiding factor should be that the basic principle of Mediation is self determination by parties which starts with the parties being free to appoint the Mediator of their choice, therefore, the qualification of the Mediator should not be regulated.

UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018

UNCITRAL has drafted a Model Law in relation to International Commercial Mediation which can also be a guide while drafting a Mediation law applicable to domestic Mediation.The Model Law provides that for the purposes of this Law, “mediation” means a process, whether referred to by the expression mediation, conciliation or an expression of similar import, whereby parties request a third person or persons (“the mediator”) to assist them in their attempt to reach an amicable settlement of their dispute arising out of or relating to a contractual or other legal relationship. The mediator does not have the authority to impose upon the parties a solution to the dispute.

The Model Law clarifies that in its previously adopted texts and relevant documents, UNCITRAL used the term “conciliation” with the understanding that the terms “conciliation” and “mediation” were interchangeable. In preparing this Model Law, the Commission decided to use the term “mediation” instead in an effort to adapt to the actual and practical use of the terms and with the expectation that this change will facilitate the promotion and heighten the visibility of the Model Law. This change in terminology does not have any substantive or conceptual implications.

Click here for the UNCITRAL Model Law

55 Countries have signed the Convention.

Belarus, Ecuador, Fiji, Honduras, Qatar, Singapore, Saudi Arabia and Turkey have ratified the Convention and it has come into force for them.

Georgia has ratified the Convention and it will enter into force for Georgia on 29 June 2022.

Belarus, Georgia and Saudi Arabia have given their Reservation that they shall not apply the Convention to settlement agreements to which it is a party, or to which any governmental agencies or any person acting on behalf of a governmental agency is a party.

Georgia has given its Reservation that the Convention shall apply only to the extent that the parties to the Settlement Agreement have agreed to the application of the Convention.

Step by step we are getting there.

ABOUT

I'm based in New Delhi, India but live on the golf course and on computer and mobile screens around the world.

MEDIATOR

I'm an Advocate who is focused on being a Mediator. I'm a full-time Peacemaker and a part-time golfer.

I'm on the Panel of Mediators & Conciliators, Ministry of Corporate Affairs, Government of India.

As a Mediator committed to ensuring that I minimise the impact on the environment I've taken the Green Pledge.

My focus has always been on eliminating unnecessary legal expenses for my clients as also the need for litigation. My expertise lies in taking pre-emptive and preventive action to avoid disputes and if they do arise then resolving them through non-adversarial and collaborative methods of Dispute Resolution which are not an Alternative but Appropriate Dispute Resolution (ADR) methods. 

Online Dispute Resolution (ODR) especially Online Mediation is the need of the times and the future of dispute resolution, therefore, I've taken the resolution process online so that working on the beach is not just a virtual background.

My mission is to promote Mediation and spread its awareness so that Mediation becomes the primary method for resolving disputes. People in some parts of the world may not have access to Justice or may be denied justice because justice delayed is justice denied but we can give them access to Mediation, not just at their doorstep but inside their home through Online Mediation. As internet accessibility and connectivity spreads all over the world, we should eventually reach even the remotest village.

We have to develop a Culture of Mediation and a Culture of Peace with collaborative effort within communities around the world. This has to be done at the grassroots and should start in schools and colleges for children to imbibe it themselves and influence the community. As Mahatma Gandhi said "If we are going to bring about peace in the world, we have to begin with the children".

ADVOCATE

I started my journey in the legal profession with J.B. Dadachanji & Co., one of the oldest law firms in India and then moved to KPMG before starting my own practice.

I've provided legal strategy for setting up and doing business in India and have handled litigation in the Supreme Court, High Courts, Tribunals & quasi-judicial bodies and have also provided advisory and compliance services in relation to laws on banking, companies, competition, contracts, crimes, consumer protection, entertainment, foreign exchange, income tax, indirect tax, information technology, insolvency, intellectual property, labour, property and sports.

As a lawyer, I totally relate to Mahatma Gandhi's experience that "my joy was boundless. I had learnt the true practice of law. I had learnt to find out the better side of human nature and enter men's hearts. I realised that the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the 20 years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby, not even money, certainly not my soul".

Mediation is the future of dispute resolution and should be the preferred, if not the primary method of dispute resolution, be it commercial (even high value ones), civil, workplace, family or community disputes and even in compoundable criminal cases. 

Mediation can be very effective and should be the preferred method to resolve disputes where communities are affected by development projects or there are disputes between communities or within communities.

With the United Nations Convention on International Settlement Agreements resulting from Mediation also known as Singapore Convention coming into force, Mediation should become the preferred dispute resolution method for International Commercial Disputes including Investor-State Disputes.