Commentary on Mediation Act, 2023

by D.P. Mittal

CONTENTS AT A GLANCE

Preface	iii
Table of Cases	xxiii

CHAPTER 1 INTRODUCTION

1.1 Introduction	1
1.2 Evolution and Historical Development	2
1.3 Salient Features of the Mediation Act, 2023	5
1.4 Scheme of the Act	7

CHAPTER 2 DISPUTE RESOLUTION MECHANISM

2.1 Introduction	11
2.2 Civil Courts are Courts of general Jurisdiction, which could be excluded by special provisions	11
2.3 Litigation in Civil Court is costly, time consuming and unproductive	12
2.4 Dispute Resolution Mechanism alternative to litigation (ADR)	14
2.4.1 Advantages of ADR	15
2.5 ADR -Elements	18
2.5.1 Arbitration	21
2.5.2 Negotiation	23
2.5.3 Conciliation	24
2.5.4 Mediation	25

CHAPTER 3 SCOPE OF THE ACT

3.1 Introduction	26
3.2 Scope	26
3.2.1 Mediation Act does not apply – pending proceedings	27
3.3 Dispute	28
3.3.1 Commercial disputes	32
3.4 Habitually Residing	33
3.5 Place of business	35
3.6 Amending enactments	36

CHAPTER 4 MEDIATION

4.1 Introduction	37
4.2 Mediation - Meaning	38

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About the Author

D.P. Mittal

D.P. Mittal-D.P. Mittal is an advocate, tax and business law consultant. He has authored about two hundred articles in Indian and foreign magazines and journals and also books on various law subjects; some of them are as follows: Interpretation of Taxing Statutes, Wills, Deeds and Documents; Laws relating to Copyrights, Patents, Trade Marks and GATT; Business and Commercial Laws; Law of Arbitration, ADR and Contract in India; Indian Patents Law; Natural Justice, Judicial Review & Administrative Law; Law of Trade Marks; Law of Information Technology (Cyber Law); Law of Arbitration (2002); Indian Patents Law and Procedure (2002); Trade Marks Passing off and Geographical Indications of Goods - Law and Procedure (2002); Competition Law; Law relating to Sick Industries; Interpretation of Statutes; Law Dictionary