Opinion - Letters to the Editor   

Dispute and mediation

Sir, — Sriram Panchu's article on "The Bajaj dispute and mediation" (Sept. 5) brought out the advantages of mediation. These include speedy settlement of a dispute and, more importantly, the settlement being brought about with the parties holding talks with each other than resorting to litigation or arbitration.

However, mediation also has its drawbacks, one of them being that mediators are required to disclose all information gathered from one party to the other. Very often parties resort to mediation only to gain access to the confidential information and, thereby, determine the likely defence of the other party. To prevent this, mediators should be allowed to use their discretion in disclosing confidential information to the disputing parties.

Nakul Dewan,
New Delhi

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