Richard M. Calkins gives us some insight about the future of mediation in India.
ABSTRACT
Problems with India’s Judicial System might be similar to U.S. – Decline in Courtroom Trials in U.S. – Mediation Winning Out in Marketplace – Mediation is by Contract – Advantages of ADR – Qualities of Successful Mediator. This article discusses problems with the U.S. trial system and why mediation became a necessity. It also covers reasons why the American mediation model became so successful and is winning out in the marketplace over the courtroom trial. Mediation is successful because (1) it is by contract, (2) mediators are trained to be peacemakers, (3) mediators are trained to be patient, positive and persistent, (4) mediators are trained to identify the real needs of the parties, (5) the mediator is supportive of counsel, (6) caucus mediation is ideal to handle complex cases, and (7) mediation can accommodate more than a dollar resolution. The article also contends that India’s rich history makes it a perfect candidate for extensive application of mediation to resolve long pending disputes. Finally, it discusses where proponents of mediation might find resistance and how this can be overcome.