Advocate. Mediator. Conciliator. Golfer. Peacemaker

Advocate. Mediator. Conciliator. Golfer. Peacemaker
I'm based in New Delhi, India and and live on the golf course and on computer screens across the world. My focus has always been on eliminating unnecessary legal expenses as also the need for litigation and my expertise lies in taking pre-emptive and preventive action to avoid conflicts & disputes and if they do arise then resolving them through non-adversarial forms of Alternative (or is it Appropriate) Dispute Resolution (ADR) specifically Mediation and Conciliation. Online Dispute Resolution (ODR) is the need of the times and the future of dispute resolution, therefore, I'm taking the resolution process online so that working on the beach is not just a virtual background.
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".
My focus is on being a Mediator & Conciliator and to be a Peacemaker. I'm on the panel of Mediators & Conciliators, Ministry of Corporate Affairs (MCA), Government of India.
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 or in communities.
With the United Nations Convention on International Settlement Agreements resulting from Mediation (Singapore Convention) coming into force, Mediation should also become the preferred dispute resolution method for International Commercial Disputes including Investor State Disputes.
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 (even high value ones), 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 by the Supreme Court 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. If each case has only 2 parties and each party has 4 family members then about 320 million people could be directly affected by the pendency. Backlog of cases and delay in getting justice is the situation not only in India but also in other parts of the world. With the pandemic, the backlog will only increase. Arbitration is also expensive and time-consuming and hasn't really served its purpose.
As Abraham Lincoln said "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". Therefore, 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.
In case you can’t resolve a dispute among yourselves then Mediation should be your preferred method of resolving it. Mediation is a voluntary, flexible and informal process where a Mediator, chosen by you, acts as a facilitator and helps you reach a mutually acceptable settlement. The Mediator does not take any decisions or pass any judgment or decide the terms of your settlement. You settle the matter among yourselves and decide the terms of the Settlement Agreement, which then becomes binding and enforceable.
In India, Private Mediation can be conducted as Conciliation under the Arbitration & Conciliation Act, 1996 and the Settlement Agreement has the same status and effect as if it is an arbitral award on agreed terms and can be enforced in the same manner as if it were a court decree.
No special qualification or experience is required to be appointed as a Conciliator under the Arbitration & Conciliation Act, 1996 and rightly so as Private Mediation is a party driven process and they are the best judge of the Mediator that they want. It is their dispute and they are smart enough to identify the person who can help them resolve it.
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!
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 to ensure a fair Agreement. If it's fair then a dispute shouldn't arise and there wouldn't be any requirement of enforcement.
Mediators should also be appointed as part of the implementation of projects so that disputes, if any, can be resolved and the projects do not get delayed. This will be very useful in infrastructure projects as delay in such projects can affect millions of people.
“An ounce of mediation is worth a pound of arbitration and a ton of litigation” — Joseph Grynbaum
Online Mediation
The Coronavirus and the Covid-19 pandemic has impacted us in various ways and has changed the way we work and communicate with each other. Our lives have moved online and so has Mediation.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. Online Mediation is a perfect fit in this online World that we live in.With Online Mediation, the entire process is 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
As a Mediator committed to ensuring that I minimise the impact on the environment of every mediation I am involved in I've taken the Green Pledge.
Singapore Convention
United Nations Convention on International Settlement Agreements resulting from Mediation is also known as Singapore Convention because it was opened for signature in Singapore. The Convention has entered into force on 12th September 2020. 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 ahead 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 form 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.To get the authoritative information on the Singapore Convention including the official text you can visit http://bit.ly/SingaporeConvention
India is in the process of enacting a Mediation Act to ratify the Singapore Convention and is working towards a comprehensive Mediation legislation for domestic Private Mediation. This would put the spotlight on Mediation and give it the rightful place in Dispute Resolution that it deserves.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 Mediation in general in that country and should ensure that informal Mediation is not regulated including the qualification of the Mediator and regulation in relation to formal Mediation (Conciliation in India under the present law) should not regulate the qualifications of a Mediator/ Conciliator as that would go against the basic principle in Mediation of party self determination. To regulate formal Mediation, the law should contain provisions: 1. to ensure that the process is confidential and without prejudice 2. lay down the standards for Mediators 3. provide the process to be followed for Enforcement 5. giving the Grounds for refusing Enforcement6. the acceptable of method of electronic communicationThe confidentiality of the Mediation and it being without prejudice should be protected in the country or countries where enforcement is required.
UNCITRAL has drafted a Model Law in relation to International Commercial Mediation which can also be used in relation to the Mediation law applicable to Mediation within that country.The text of the UNCITRAL Model Law is available at https://bit.ly/UNCITRALModelLawMediation
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".
If you're someone who is passionate about helping people resolve their disputes and have the Mediator Mindset then get in touch and be part of the Dispute Resolution Revolution.
We'll collaborate to promote Mediation and be Peacemakers. We could also explore opportunities for referrals and to be Co-Mediators. You could be based in any part of the World. Get in touch with me if you feel that you have the Mediator Mindset.
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 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 will do our bit to spread peace in the World.
As Germany Kent says “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" and Martin Luther King Jr. said that "Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that".
Let's be the light and the love that the World needs.
Link to LinkedIn Groups
International Mediators Collective
South Asia Mediators Collective
Middle East Mediators Collective
Asia Pacific Mediators Collective
North America Mediators Collective
South America Mediators Collective
Antarctica Mediators Collective
Link to Facebook Groups
International Mediators Collective
South Asia Mediators Collective
Middle East Mediators Collective
Asia Pacific Mediators Collective
North America Mediators Collective
My YouTube Channel is dedicated to Mediation. Mediation is the future of dispute resolution and with this channel, I aim to promote and spread awareness about Mediation and encourage people to better understand and make use of Mediation.I've created various Playlists which have been categorised under various topics for ease of reference. These videos have been uploaded by people from all over the World who are passionate about Mediation. We must appreciate the effort that these people are putting into promoting and creating awareness about Mediation by making and uploading these videos. Please watch these and take advantage of the opportunity of getting FREE content from such illustrious people.I’ll keep posting videos so please Subscribe to the Channel and Notifications to get updates on new videos that are uploaded.
Index to videos that I have posted on the Channel:
Episode 1 Evolution Of A Mediator: Journey Of Ken Cloke Part I
Mediators Collective meeting 23rd January 2021
International Mediators Collective meeting 29th January 2021
Episode 2 Evolution Of A Mediator: Journey Of Adeyemi Akisanya
Peer Mediation Discussion at Mediation Open House 2nd February 2021
Peer Mediation Discussion with Young Mediators Collective 4th February 2021
Episode 3 Evolution Of A Mediator: Journey Of Ken Cloke Part II
Dialogue with Vedabhyas from Gandhi Smriti 10th February 2021
Episode 4 Evolution Of A Mediator: Journey Of Sriram Panchu
Chat #1 In Conversation With A Beautiful Mind: Stephan Doukhopelnikoff
Episode 5 Evolution Of A Mediator: Journey Of Kathleen Ruane Leedy
Episode 6 of Evolution Of A Mediator: Journey Of Tat Lim
Discussion #1 Mediators, Mediation & Spirituality
I've started a Series of Fireside Chats with distinguished Mediators from around the World where they take us through their journey, their evolution and the evolution of their Mediator Mindset.
The Episodes will be streamed live on my YouTube Channel and the recording will also be posted there.
Participation in the Zoom meetings for the Series is by invitation. Invitations will be sent out to those people that I feel are active in Mediators Collective.
For others that want to attend it please share, like and comment on my posts on Social Media. I will send an invite to those that I feel are most enthusiastic about this Series. Links to my Social Media handles are given below.
Episode 7
Evolution Of A Mediator: Journey Of Srđan Šimac
Saturday 6th March 2021
7:30 pm India Standard Time (IST)
Srđan Šimac is a Judge of the High Commercial Court of the Republic of Croatia and the President of the Croatian Mediation Association.
Click here to read more about Srđan Šimac
Episode 6
Evolution Of A Mediator: Journey Of Tat Lim
Saturday 27th February 2021
Tat is an outstanding mediator and a distinguished figure in Mediation in Singapore.
Click here to read more about Tat Lim
Click here to watch the recording on my YouTube Channel
Episode 5
Evolution Of A Mediator: Journey Of Kathleen Ruane Leedy
Saturday 20th February 2021
Kathleen is a wonderful person and a beautiful soul. Her website is KRuaneLeedy.com
Click here to watch the recording on my YouTube Channel
Episode 4
Evolution Of A Mediator: Journey Of SriramPanchu
Saturday 13th February 2021
I hosted Sriram Panchu in Episode 4 of my Series of Fireside Chats with distinguished Mediators. Sriram Panchu is a pioneer and legend of Mediation in India. You can read more about him at SriramPanchu.com.
Click here to watch the recording on my YouTube Channel
Episode 3
Evolution Of A Mediator: Journey Of Ken Cloke Part II
Saturday 6th February
In Episode 3, Ken Cloke was with us again and we continued the Journey with him.
Click here to view the recording on my YouTube Channel
Episode 2
Evolution Of A Mediator: Journey Of Adeyemi Akisanya
Saturday 30th January, 2021
Adeyemi Akisanya is a very respected and distinguished Mediator from Nigeria. Click here to read more about him.
Click here to access the recording on my YouTube Channel
Episode 1
Evolution Of A Mediator: Journey Of Ken Cloke
I started the Series on 16th January 2021 with a chat with the legendary Ken Cloke. He doesn’t need an introduction as he's a pioneer and leader in the field of Mediation and conflict resolution. His journey as a Mediator is inspirational. He bared his soul and what a beautiful soul!
In Conversation With A Beautiful Mind 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. The timings will depend on the convenience of the Guest. The chats will be streamed Live on my YouTube Channel and the recording will also be available there.
Chat #1
In Conversation With A Beautiful Mind
Stephan Doukhopelnikoff
17th February
Click here to get to know Stephan and the wonderful work that he's doing.
I organise a Mediation Open House on Zoom for an informal chat on Mediation on a regular basis and anyone is free to attend for FREE. You could be a Mediator or have a dispute you want to resolve or just want to know more about Mediation. You could be based in any part of the world.
The chat's FREE but you have to Bring Your Own Beverage (BYOB).
Registration is NOT required to attend the Open House, however, it will be helpful if you let me know in advance that you're attending and you could also send a brief introduction of yourself including your LinkedIn profile and other Social Media handles so that I can get to know a bit about you and your interest in Mediation. In case you can't send this before attending the Open House then please send it later with your feedback.
Please circulate this to everyone you know and let's spread awareness of Mediation and do our bit to bring peace in the World.
It's an Open House so please feel free to step in and step out at your convenience although I'm sure you will not want to step out once you step in. The only housekeeping rules are that you have to be civil. You DO NOT have to stay muted, you just have to ensure that there isn't any disturbing background noise. Other than that there are no rules as I'm sure that anyone who has any interest in Mediation doesn't need to be told what and what not to do.
The Mediation Open House is organised every Tuesday.
The timings are:
3 pm to 3:30 pm India Standard Time (IST)
AND
7:30 pm to 8:30 pm IST
I've kept 2 time slots so that people from various Time Zones can join me without getting inconvenienced by having to attend at an unearthly hour in their Time Zone.
Click here to check the time in your time zone so that you don't miss the event.
The Zoom link to join the Open House is http://bit.ly/MediationOpenHouse
Meeting ID: 862 2048 0627
Passcode: Mediation
Whenever you want to attend an Open House, please check the timings and click the link from here as the timings and the link may change.
This link is only for the Open House. The timings and Zoom link of the meetings of Mediators Collective are posted in the respective LinkedIn Groups.
This is the Schedule of the week from 1st March to 7th March 2021. The schedule for the next week will be available on Monday 8th March 2021.
The timings are Indian Standard Time. Click here to check the time in your Time Zone
Monday 1st March 2021
6:30 pm Meeting of Young Mediators Collective: we will be discussing Peer Mediation
Tuesday 2nd March 2021
3 pm Mediation Open House
7:30 pm Mediation Open House: we will be discussing Peer Mediation
Wednesday 3rd March 2021
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. The timings will depend on the convenience of the Guest. There chats will be a live stream on my YouTube Channel and the recording will also be available there.
Thursday 4th March 2021
3 pm Combined meeting of Africa, South Asia, Middle East, Asia Pacific and Antarctica Mediators Collective
6:30 pm Meeting of India Mediators Collective
7:30 pm Combined meeting of Europe, North America and South America Mediators Collective
Friday 5th March 2021
7:30 pm Meeting of International Mediators Collective
Saturday 6th March 2021
7:30 pm IST
Episode 7
Evolution Of A Mediator: Journey Of Srđan Šimac
Srđan Šimac is a Judge of the High Commercial Court of the Republic of Croatia and the President of the Croatian Mediation Association.
Click here to read more about Srđan Šimac
Sunday 7th March 2021
7:30 pm IST
Discussion #2
Mediators, Mediation & Spirituality
In this Series we will discuss the correlation of Mediators, Mediation & Spirituality and their intersection. The discussions will take place every Sunday.
If you appreciate the work that I'm doing for the promotion of Mediation and in starting a Dispute Resolution Revolution then please show your appreciation and send me a gift. It is not the gift but the thought that counts so don't worry about it's value. Send me a message with the thought behind the gift and also post your thought on my Social Media handles which are given below. My address and contact details are given below.
Shipping cost will be the least if you order through the Amazon site in India. If you want to gift in cash (not in hand but in the bank) then you can transfer the value of the gift through the following channels.
Click here for send your gift through PayPal
In India you can send it through PayTm for which my mobile number is 9810616644 and the UPI ID is 9810616644@paytm
For Domestic and International Bank transfer, the details are:
In favour of: Vikram Singh
Bank: Standard Chartered Bank
Type of Account: Savings
Branch: Narain Manzil, 23 Barakhamba Road, New Delhi- 110001, India
Account Number: 522-1-127099-3
Swift Code: SCBLINBBXXX
IBAN No. GB41SCBL60910457083521
Your gifts will tell me that I'm appreciated and have touched your life in some manner and that I'm moving in the right direction in promoting and spreading awareness of Mediation. It will also answer the question that my wife and daughter keep asking me that “Why do you spend so much screen time to promote Mediation, why don’t you do some work instead?” The always normal has always been that doing work is gauged by money in the bank and they are not wrong as we have to eat, play golf, travel and spend time with family (the World is one Family).
The opportunity cost of the time that I’m spending on the promotion of Mediation is considerable and it will be great to see that my work is being appreciated by people from around the World. It will show me that I'm making some impact and the Revolution has started.
Gift or no gift, the work will go on.
Long Live The Revolution!
C-17 Anand Niketan, Benito Juarez Marg, New Delhi 110021, India
Mobile: +91 9810616644 I'm available on WhatsApp, Telegram and Signal. Email: Peace@MediatorVikram.com
Disclaimer
The content of this website is for informational purposes only and should not be interpreted as soliciting or an advertisement.
By accessing this website, you acknowledge and confirm that you are seeking information of your own accord and that there has been no form of solicitation, advertisement or inducement by Adv. Vikram Singh (Bar Council of Delhi E.No. D/495/2000) .
No material/information provided on this website should be construed as legal advice.
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