Forcing parties into mediation is always a bad idea: Justice Anup Jairam Bhambhani

Senior Advocate Sajan Poovayya, meanwhile, spoke during a panel titled What Actually Happens in the Room: Real-World Mediation Experiences from Indian Boardrooms and Courtrooms.

The panel comprised Poovayya; Beena Vaheed, Executive Director, Bank of Baroda; Basudeb Biswas, General Counsel, TARC; and Ankit Parhar, Partner, Poovayya & Co, who anchored the discussion.

Poovayya argued that technically complex commercial disputes require mediators who understand their business context.

He questioned why parties to a power-sector dispute involving tariff renegotiation, imported coal and technical concepts would trust a generalist retired judge unfamiliar with energy law or tariff determination.

He said statutory mediation institutions should build a pool of specialist commercial mediators rather than rely predominantly on generalists experienced in matrimonial or family disputes.

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