How pertinent and relevant was it for you to attend this ADR Symposium in Mauritius?
I was invited to speak on the panel on mediation law, and I am the chair of the disputes practice of a very large law firm called JSA (Editor’s note: in India). It was very interesting for me to speak on mediation because I have recently handled quite a number of mediations, and I am very focused and excited about the new ways that mediation could end disputes. I like to attend these conferences and speak about the values and how mediation could be used as a way of resolving disputes.
Why should we favour mediation when there are courts of law?
You go to mediation for two reasons essentially. The first one is that you save time, while the courts will take much longer. Secondly, you will save on costs because the time spent is less in mediation. Now, when you go to court, you are in a situation where you are fighting with your counterparty. Sometimes, business relations end because of the fight. In mediation, you are exploring the possibility of settling your differences. It’s not a dispute. This is very important in mediation. If you are transacting with a party for several years and happen to go to court at some stage, that relationship gets disrupted. In mediation, there is a possibility that you may not disrupt that relationship, and you might also consider settling it by giving in for a little more or a little less. This is the advantage.
Please click here to or refer to the below document to read the full Q&A session of Farid Karachiwal, published in Bizweek.