mediation in India corporate sector negotiation litigation management oppression and mismanagement investor disputes anuroop omkar

1. Copyright 2015, Lakshmikumaran & Sridharan / Confidential
Prepared by – Anuroop Omkar
Kritika Krishnamurthy

2. Copyright 2015, Lakshmikumaran & Sridharan / Confidential

3. Copyright 2015, Lakshmikumaran & Sridharan / Confidential
Types
Distributive
Bargaining
Integrative
Bargaining
Joint
Problem
Solving
Contractual
Post
Dispute

4. Copyright 2015, Lakshmikumaran & Sridharan / Confidential

5. Gathering
Information
Equal Hierarchy
Goals, Options &
Reality Check
Bottom line
BATNA

6. Copyright 2015, Lakshmikumaran & Sridharan / Confidential
Best Alternative To a Negotiated Agreement
 Preferred course of action in
the worst case scenario
 Provides ability to negotiate
effectively
 Explore various negotiation
options

7. Copyright 2015, Lakshmikumaran & Sridharan / Confidential
Cross-Culture Negotiations
35%
13%
9%
7%
6%
6%
3%
3% 2% 1%
Mauritius
Singapore
U.K
Japan
Netherlands
U.S.A
Cyprus
Germany
France
U.A.E

8. Copyright 2015, Lakshmikumaran & Sridharan / Confidential

9. Copyright 2015, Lakshmikumaran & Sridharan / Confidential
Confucius
Mahatma
Gandhi
Panchayat
Section 89,
Code of Civil
Procedure,
1908
Arbitration
&
Conciliation
Act, 1996
Section 442,
Companies
Act, 2013

10. Characteristics and Advantages
Maintain
Relationship
Emphasize
Interests
Facilitated
Negotiation
Maintain
Goodwill
Control the
Outcome
Private and
Confidential
Voluntary
Fast
Cost
Effective

11. Copyright 2015, Lakshmikumaran & Sridharan / Confidential
Factors Litigation Arbitration Mediation
Time Slowest Fast Fastest
Cost High Highest Lowest
Control
Parties are passive
observers
Parties are passive
observers
Parties are active
participants who find
their own solution
and have control
over final outcome
Possibility Win-Lose Win-Lose Win-Win
Confidentiality Lowest High Highest
Procedure &
Formality
Highest Higher Lowest
Distinguished

12. Copyright 2015, Lakshmikumaran & Sridharan / Confidential

13. Copyright 2015, Lakshmikumaran & Sridharan / Confidential
Similar
Facilitated
Negotiation
Win-Win
Consensus
building

14. Copyright 2015, Lakshmikumaran & Sridharan / Confidential

15. Copyright 2015, Lakshmikumaran & Sridharan / Confidential
Labour
Foreign
Investment
Family
Business
Company
Law
Disputes
Consumer
Service
Provider/
Supplier
Lenders/
Borrowers

16. Copyright 2015, Lakshmikumaran & Sridharan / Confidential

17. Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co.
(P) Ltd. (2010) 8 SCC 24
Mr. Vikram Bakshi and Ors. v. Ms. Sonia Khosla [2014] 184
Comp Cas 392 (SC)

18. Copyright 2015, Lakshmikumaran & Sridharan / Confidential
Pre Litigation
Mediation
Mindset
towards
Disputes
Awareness
Outlook for Future

19. Copyright 2015, Lakshmikumaran & Sridharan / Confidential
Founded by V. Lakshmikumaran and V. Sridharan in
1985, Lakshmikumaran & Sridharan (L&S) is one of
the largest integrated law firms in India with 500
professionals, including 41 partners.
The firm has eleven offices located across India in
New Delhi, Gurgaon, Mumbai, Bengaluru, Chennai,
Hyderabad, Ahmedabad, Pune, Kolkata and
Chandigarh. In Europe, the firm’s office is in
Geneva. It specializes in the areas of Corporate law,
Alternative Dispute Resolution (ADR), Customs &
International Trade, Taxation and Intellectual
Property.
The firm has handled more than 40,000 litigation
cases before various fora both in India and abroad
including 3,000 cases before the Supreme Court
of India.
For more information, visit us at
www.lakshmisri.com and www.lakshmisri.ch