THE ODR BlOG

Where Mediation Meets Technology

MEDIATION IN CRIMINAL DISPUTES IN INDIA: MEDIATION IN CASES OF SEXUAL HARASSMENT

The following essay aims to investigate whether application of mediation in criminal cases, specifically in cases of sexual harassment, is appropriate and whether it should be encouraged. Mediation is a voluntary and flexible process where the mediator acts as a neutral third party and aims to resolve the dispute within the parties. It usually happens in a confidential setting by making the redressal process victim centric and based on mutual resolution of the grievance. This essay aims to explore whether mediation as an alternate dispute redressal mechanism, apart from the traditional litigation method, can address the loopholes in the present system, considering that mediation as an Alternate Dispute Resolution (ADR) mechanism is not in vogue in India. Application of mediation in criminal cases is a precarious issue and this essay aims to critique the same.
The essay will look at the application of mediation and the scope of this method of ADR on the basis of substantive and procedural laws. Further, the essay will compare and contrast the present laws related to mediation and sexual harassment in India with other countries. This comparison will be executed with respect to current accepted practices in India and abroad. The essay will weigh the merits and demerits of mediation in criminal disputes involving sexual harassment. Finally, the researchers aim to reach a conclusion based on the different sides presented in order to determine if mediation in criminal disputes pertaining to sexual harassment are feasible or not.

Conflicts Based On Gender With Special Emphasis On Unequal Wage

We, the human race, are a very peculiar species. When God created humans irrespective of gender, he gave us the power to think rationally. In other words, human beings can reason and choose. This is a reflection of God’s intellect… Continue Reading →

ALTERNATIVE DISPUTE RESOLUTION AS A TOOL OF ENVIRONMENTAL GOVERNANCE

What is Environmentalism? What are its goals? If the 20th Century world was characterised by Constitutionalism and Feminism, one of the ‘ism’s characterising the 21st Century is “Environmentalism”. Environmentalism stands for, as per the Encyclopaedia Britannica, ‘political and ethical movement… Continue Reading →

WOMEN MEDIATORS- ASSESSING THE COMPETENCES TO MEDIATE IN CONFLICTS

ABSTRACT The “Cultural Feminist” and “Radical Feminist” had this ideology that it is very important that the world is run in the hands of strong women’s and a women’s essence or nature, the belief changed and they decided that having… Continue Reading →

A Message for Young Lawyers

Dr. Richard Susskind is one of the foremost experts in legal technology. He's an advisor to many international firm and companies. Here's his message for the coming generation of lawyers.

ODR For Dummies: The ‘What, How, Why’ of it all

Get to understand the basics of ODR in the simplest way possible!

Story of Akosha: The Golden Boy of Indian ODR

Read about Akosha, the controversies surrounding its rebranding into Helpchat, and the lessons we can take from it.

ODR try kiya?

Does Online Dispute Resolution exist in India?

18 Must-Have Apps To Make You A Better Law Student

Especially for Indian law students.

Mahabharata, Premchand and the Divine Mediation

Mediation has been in use way before than we can imagine.

Get ready to be surprised.

« Older posts

© 2019 odrways.com

odrways logo