(Left to Right – Mr. Tariq Khan, Registrar, International Arbitration and Mediation Centre, Hyderabad; Hon’ble Mr. Justice Ashok Bhushan, Chairperson of National Company Law Appellate Tribunal; Mr. George Lim SC, Chairman, Singapore International Mediation Centre; Hon’ble The Chief Justice Alok Aradhe, High Court for the State of Telangana; Hon’ble Mr. Justice R.V. Raveendran, Former Judge, Supreme Court of India; Hon’ble Ms. Justice Hima Kohli, Judge, Supreme Court of India.)
The International Arbitration and Mediation Centre (IAMC), Hyderabad, organised the first-ever Mediation Weekend on July 20th-21st, 2024, at the Hyderabad International Convention Centre. This first-of-its-kind event, brought together leading mediation experts from across the globe. The gathering comprised judges, mediators, senior advocates, general counsels, law firm partners, industry leaders and members from the business and legal fraternity.
Following the welcome address by Mr. Tariq Khan, Registrar of IAMC Hyderabad, Mr. George Lim, SC, Chairman, Singapore International Mediation Centre, delivered the opening remarks for the Inaugural Session. While advocating for institutional mediation, Mr. Lim emphasized its importance by stating, “Institutional mediation ensures parity, which is why we should promote such institutions like IAMC.” He highlighted that last year, over 46 large companies committed to settling disputes via mediation in Singapore, including four top Indian companies and that a change in the dispute resolution landscape is coming to India soon.
Hon’ble Mr. Justice RV Raveendran, former Judge of the Supreme Court of India, graced the Inaugural Session and voiced support for mediation as a highly effective method of resolving disputes.
The event was also graced by Hon’ble The Chief Justice Alok Aradhe, Chief Justice of the High Court for the State of Telangana. He addressed the gathering and stated that mediation had traditionally been avoided because the lack of standardized rules seemed like insurmountable barriers. However, he highlighted that the Mediation Act of 2023 had effectively dismantled these barriers. He concluded with a poignant remark, asserting that mediation transcends mere dispute resolution—it serves as a platform for fostering harmony. Both Justice Raveendran and Justice Aradhe stressed the sustainability of mediation in resolving disputes involving state-owned entities, considering the government to be on of the largest litigant in India.
Hon’ble Mr. Justice Ashok Bhushan, Chairperson of the National Company Law Appellate Tribunal, gave his insights on how mediation cultivates trust and notably diminishes the stress linked with litigation. Highlighting differences between litigation and mediation, he noted that while litigation often encourages settlements, mediation delves deeper into the crux of issues to facilitate resolution. Justice Bhushan also advocated for the integration of mediation across different legal sectors, such as addressing disputes arising from the Insolvency and Banking Code, 2016.
Hon’ble Ms. Justice Hima Kohli, Judge of the Supreme Court of India, graced the occasion as the Chief Guest and delivering the keynote address, highlighted the longstanding history of mediation, dating back centuries. While outlining the benefits of making pre-litigation mediation mandatory, drawing examples of its success in other countries, she elaborated the potential in India.
India Mediation Weekend 2024 witnessed several panel discussions curated on integrating mediation in several sectors.
The event featured a Technical Session on “The Use of Mediation Under The Insolvency and Bankruptcy Code, 2016,” which set the stage for a stimulating Fireside Chat with Mr. George Lim, SC, on “International Trends in Mediation.” Rajah and Tann Singapore LLP then led an engaging panel discussion titled “International Commercial Transactions”: The Potential of Mediation as a ‘Fresh Approach.’ The program continued with a focused session on “Mediation in Renewable Energy and Real Estate Disputes.” The day concluded with an engaging and dynamic “Mock Mediation Session,” hosted by one of India’s leading firms, Shardul Amarchand Mangaldas.
The second day of India Mediation Weekend, 2024 kicked off with a session hosted by ADR ODR International, UK, focusing on “The Role of Mediators in a Globalized World: Skills, Training, and International Recognition.” Discussions encompassed cultural diversity and its impact on mediation, the unique skill set required for online mediators, and strategies for educating the next generation of students to effectively adapt to the impending transition of mediation as a preferred mode of dispute resolution.
Next in line was a session led by Shardul Amarchand Mangaldas on “Mediation in Intellectual Property Disputes.” The session delved into the types of IPR disputes suitable for mediation, as well as the benefits of mediation during the pre-trial and evidence stages in IPR disputes.
(On stage – Hon’ble Mr. Justice L. Nageswara Rao, Former Judge of the Supreme Court of India; Clockwise on screen – Ms. Kelly Stricklin-Coutinho, Chair of the Civil Mediation Council; Hon’ble Mr. Justice L. Nageswara Rao, Former Judge of the Supreme Court of India; Mr. Duncan Turner, Head of the Mediation Division at the Arbitration Foundation of Southern Africa)
The Valedictory Ceremony welcomed distinguished guests such as Hon’ble Mr. Justice L. Nageswara Rao, Ms. Kelly Stricklin-Coutinho, and Mr. Duncan Turner. During the ceremony, Ms. Stricklin-Coutinho highlighted recent developments in mediation in the UK, while Mr. Duncan discussed advancements in mediation in South Africa. They commended India’s initiative in formalizing mediation procedures through the Mediation Act, 2023. Mr. Duncan emphasized the importance of mediators possessing a requisite level of discipline for the mediation process to gain credibility stating, “There needs to be a level of discipline that mediators must possess. If the process is to be credible, the first step is to make the mediators credible.”
