The trend in the international agreements is to resort to Mediation before embarking upon the Arbitration which is not only very expensive but sometimes it is not conducive to the sensitive nature of the product/process/services involved in the agreement and the reputed companies do not wish the disputes to be discussed in litigating forum. While in India some commercial contracts do have such pre-arbitration mediation clause, the mediation in India was largely restricted to disputes in matrimonial and family matters.
There is a legislative recognition to mediation in all matters in the sense, Section 89 of the Code of
Civil Procedure, 1908 was introduced with effect from 1st July 2002. Accordingly, the Court in a civil suit is empowered to formulate terms of possible settlement and refer the parties to arbitration or conciliation or Lok Adalat or mediation. Moreover, by virtue of Section 12A of the Commercial Courts Act it is mandatory in commercial suits which do not involve urgent interim relief to go for pre-institution mediation. Thus, Mediation is also uppermost in the minds of the legislature, courts and arbitrators. It is for us, the future generation, to understand nuances of each mode of ADR and advise accordingly.
In light of the aforementioned discussion, it is evident that attaining updated information about the developments in ADR and understanding the academic discourse on the subject becomes all the more important for students, academicians and professionals who wish to engage in this field. The GNLU SRDC-ADR magazine would thus serve as a great companion to all the aforementioned individuals.
The magazine promotes interdisciplinary research and identifies the evolving trends in the practice of ADR. Moreover, it employs high publication and editorial standards in order to deliver articles of high caliber and insight. The Magazine, under the able guidance of the University faculty, its advisors, peers and benefactors along with the support of the administration and dedication of its members, has undertaken progressive measures to live up to its essential function of imparting knowledge of ADR to its readers. It is sincerely hoped that the readers will take advantage of the research material presented in this issue.