Economy & Market

The Global March of Mediation

Published

8 years ago

January 6, 2019

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The benefits of time and cost that arise from adopting mediation have been celebrated time and again; nonetheless, when choosing to mediate a dispute, a relevant consideration is – how successful such a process has been in the past. In other words, one would always ask, what is the track record of mediation as an option for concluding and closing disputes. While, records of mediation in India are not currently available in any substantial numbers, due to limited collection of data, statistics from different countries regarding the success rate of mediation proceedings are inspiring as they indicate how successful mediation as a process is.

The comparative efficiency of mediation over litigation is well known. For example, an EU report of 2014 found that both average time and cost to arrive at an outcome, came down drastically in most EU nations such as UK, France, Italy, etc., in mediation cases vs litigations. Most impressive were the efficiency improvements achieved through mediation in Italy, where average time to resolution came down from 1,185 days to 66 days, and cost came down from Euro 16,000 to a mere 3000 Euros. For comparison, the average life of a case in India is 13 years, and litigants in the country spend an estimated total of Rs 30,000 crore per year towards court hearings.

Now, these are compelling data sets, and people rightly say, data are eloquent; however, we say that data are even more eloquent and forceful, when they report quantified outcomes. And here comes the outcomes.

Taking a look at Asia, the Singapore Mediation Centre (SMC) alone has dealt with more than 3,600 disputes ranging from construction disagreements to information technology, insurance and shipping cases. The settlement rate at SMC is close to 70 per cent, with nearly 90 per cent of those disputes being resolved in just one working day. In Hong Kong, the court annexed mediation centre records a total of 780 cases being mediated in 2017, which was a marked increase over 2016, when only 361 cases were reported. The ultimate success rate of Hong Kong cases in 2017 was 61 per cent, with 52 per cent being resolved during the mediation process itself and the remaining disputes were disposed of, within six months after the conclusion of the mediation session.

Italy has a somewhat different experience due to the mediation legislation that has been passed in that country, making mediation mandatory before approaching courts. Between March 2011 and March 2012, over 90,000 disputes were filed. However, due to the respondent sometimes not appearing for sessions, several mediations went unresolved. Among the sessions where both parties (plaintiff as well as respondent) were present, 48 per cent were successful. While the respondent not appearing for a court case is not uncommon, the takeaway lesson from this example is that it is imperative for both parties to be present and agreeable for a successful mediation session to happen.

Conventional examples of highly successful mediation settlement rates would include the United Kingdom (UK) and the United States of America. In the UK, the Centre for Effective Dispute Resolution published the results of their survey, reporting that the size of the mediation market in England and Wales is close to 10,000 disputes annually and the settlement rate for the years 2014-2016 was as high as 86 per cent. In the USA, Financial Industry Regulatory Authority, Inc. recorded a high settlement rate of 72 per cent for mediations in the year 2018.

The number of disputes received by mediation centres as well as the settlement rates are only increasing with every passing year, and the few barriers to mediation such as parties not appearing for a session, hinders different markets differently. Countries like the Singapore, UK or USA do not face these issues as much as Italy or Hong Kong and such differences perhaps account largely for the differing success rates.

Regardless, the trend of settlement rates across the world indicate only an improving trend. The Global Mediation Survey 2016, conducted by International Mediation Institute, involved participation from 831 mediators representing 67 different countries. This survey found that the mediation market is growing exponentially across the globe and business advisors and potential users today understand mediation better than they did earlier. Further, studies conducted in the USA show that parties are more likely to immediately comply with a mediation settlement than a court decree or an arbitral award.

It goes without saying, that the likelihood of a settlement being finally executed is an important consideration in front of potential disputant(s), in selecting a particular pathway of dispute resolution. Mediation, across the world has had impressive success rates with at least more than half of the cases being resolved. As mediation settlements are cost effective, time-efficient with full party autonomy and with majority of cases being resolved, and to top it all, bear a higher likelihood of compliance, we do not see any reason why mediation will not be the first choice in dispute resolution for everyone.

It also closely follows like a corollary, that a neutral and transparent institution such as the Centre for Mediation and Conciliation of Bombay Chamber, shall be the obvious first stop in all our commercial disputes, going forward.

References
https://www.finra.org/arbitration-and-mediation/dispute-resolution-statistics#mediationstats
http://mediation.judiciary.hk/en/figures_and_statistics.html
http://mediation.com.sg/about-us/
http://www.wipo.int/amc/en/events/conferences/1997/october/taniguchi.html
https://www.ssoar.info/ssoar/bitstream/handle/document/41034/ssoar-2014-konoorayar_et_al-Alternative_Dispute_Resolution_in_India.pdf?sequence=1
http://www.iadcmeetings.mobi/assets/1/7/18.3_-_Mills_-_ADR_in_key_Asian_markets.pdf
https://uk.practicallaw.thomsonreuters.com/w-006-5849?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1
http://www.europarl.europa.eu/RegData/etudes/etudes/join/2014/493042/IPOL-JURI_ET(2014)493042_EN.pdf
Hindu Businessline11 June 2018

About the auther
Rashika Narain is IVth Year student, B.A. LL.B. at National University of Juridical Sciences, Kolkata; Sumit Banerjee is Chief Mentor of the Centre for Mediation and Conciliation promoted by the Bombay Chamber.

Concrete

Wonder Cement appoints Mahesh Singh as VP Corporate Brand Communication

Published

1 week ago

October 9, 2026

admin

Singh brings 20+ years of brand and marketing experience, and will lead integrated corporate brand communication initiatives at Wonder Cement

New Delhi

Wonder Cement, a leading cement manufacturer, has appointed Mahesh Singh as Vice President – Corporate Brand Communication. In his new role, he will oversee corporate brand strategy and communication, including digital and performance marketing, public relations, trade, events, exhibitions, sports and experiential marketing.

Singh brings over two decades of experience across marketing and communications, with roles spanning the automotive industry, agencies and entrepreneurship. He spent more than a decade with Honda Motorcycle & Scooter India, working across integrated communication, media, digital, retail and consumer engagement. His stint also included helping build the company’s digital marketing capabilities.

He moved to dentsu X India as Vice President – Strategy & Planning, working across categories such as automotive, auto components, electric vehicles, FMCG, consumer electronics, BFSI, apparel and brand consulting. His responsibilities included media and marketing strategy, product launches, content, performance marketing and consumer activations.

Singh subsequently took an entrepreneurial route with Radiant Brands before joining Shriram Ltd (SPR Autotech) as Head – Marketing & Communications. There, his remit included brand and corporate strategy, communications, PR and ORM, retail identity, loyalty programmes and events.

At Wonder Cement, Singh will be responsible for bringing together the company’s corporate brand communication initiatives across digital, performance marketing, PR, trade, sports and experiential platforms. The role will focus on creating an integrated approach to communication across consumers, trade partners and other key stakeholders.

The appointment brings to Wonder Cement a marketer whose career has spanned the brand, agency and entrepreneurial sides of the communications ecosystem.

Wonder Cement, part of the RK Group, is a cement manufacturer with roots in Rajasthan and a focus on quality, trust and transparency. The company has grown to six manufacturing plants, and a cement capacity of 21.5 MTPA. With more than 2,000 employees and a network of over 5,000 dealers, its operations span manufacturing, distribution and customer engagement, with a focus on consistent product quality and efficient execution.

Concrete

JSW Cement commissions additional 1 MTPA grinding unit at Nagaur

Published

2 weeks ago

October 8, 2026

admin

With this commissioning, JSW Cement’s total cement grinding capacity has increased to 25.10 MTPA,
Mumbai

JSW Cement, one of India’s leading green cement producers and part of the diversified JSW Group, today announced the successful commissioning of an additional 1.00 MTPA cement grinding unit at Nagaur, Rajasthan. The commissioning marks another significant milestone in the Company’s growth strategy.

With this commissioning, JSW Cement’s total cement grinding capacity has increased to 25.10 MTPA, while its total clinker manufacturing capacity, including clinker capacity at its joint venture, JSW Cement FZC, stands at 9.74 MTPA.

JSW Cement had commenced operations in North India in March 2026 with the Nagaur Integrated Plant, comprising a 3.30 MTPA clinkerisation unit and 2.50 MTPA cement grinding unit. With the commissioning of the additional 1.00 MTPA cement grinding unit, the plant’s total cement grinding capacity has increased to 3.50 MTPA, enhancing the company’s ability to cater to the growing cement demand across Rajasthan, Haryana, Punjab and the National Capital Region (NCR). The expansion has been funded through a strategic mix of equity and long-term debt.

During the quarter ended 30th September 2026, JSW Cement has also commissioned the Alternate Fuel Handling System and the Waste Heat Recovery system (WHRS) at the Nagaur Integrated Plant.

Nilesh Narwekar, CEO, JSW Cement, said: “The commissioning of additional 1.00 MTPA grinding capacity at Nagaur is a key strategic priority for us and will accelerate JSW Cement’s expansion into North India. We look forward to servicing the growing needs of the region and contributing to the economic growth of Rajasthan, Haryana, Punjab and the NCR area. I am delighted to share that the company has commissioned this grinding unit within the expected timeline, showcasing our project execution capabilities. Further, the Alternate Fuel Handling System and the Waste Heat Recovery system (WHRS) are expected to substantially reduce our production costs going forward.”

Concrete

UltraTech becomes first Indian cement firm to cross 2 GW green energy

Published

2 weeks ago

October 7, 2026

admin

UltraTech Cement has crossed 2 GW of captive green energy capacity, with renewables and waste heat recovery meeting 48 per cent of its power needs.

Mumbai

UltraTech Cement Limited has surpassed 2 GW of installed green energy capacity for captive use, becoming the first cement company in India to achieve the milestone. The Aditya Birla Group company commissioned 116.55 MW of wind capacity at its Inter-State Transmission System-connected wind-solar hybrid project in Barmer, Rajasthan, along with 10 MW of Waste Heat Recovery System capacity at Sarlanagar Cement Works in Karnataka.

With these additions, UltraTech’s cumulative installed green energy capacity has reached 2,024 MW. This includes 1,580 MW of renewable energy capacity and 444 MW of waste heat recovery capacity, together meeting around 48 per cent of the company’s current power requirements.

The company said the milestone reflects the progress of its long-term energy transition strategy. In FY27 so far, nearly one-third of UltraTech’s 76 manufacturing units in India have maintained green energy utilisation above 50 per cent of their electricity requirements, while five units have crossed 95 per cent.

K C Jhanwar, Managing Director, UltraTech Cement Limited, said, “Crossing the 2 GW green energy milestone is the result of a strategy we have pursued consistently over the past decade. Cement is an energy-intensive, hard-to-abate sector, and showing that reliability and growth can go hand in hand with a rapid shift to green energy sets a benchmark for the industry. With nearly half of our power needs now met through green energy, we are significantly less exposed to fossil fuel supply constraints and power price volatility. As we scale up renewables, waste heat recovery and battery storage across our operations, we are building an energy foundation for stable, long-term growth.”

UltraTech commissioned 430 MW of green energy capacity in FY26 and continues to expand its renewable energy and waste heat recovery portfolio.

The company is also progressively integrating Battery Energy Storage Systems across its operations to improve renewable energy utilisation and supply reliability.

In 2025, UltraTech operationalised what it described as India’s first on-site hybrid round-the-clock renewable energy project at Sewagram Cement Works in Gujarat. The project combines solar, wind and battery storage.

As part of its decarbonisation strategy, UltraTech said it has not invested in new captive thermal power capacity for either greenfield projects or brownfield expansions at its integrated units for more than a decade.

The company said its expanding green energy portfolio is helping reduce dependence on conventional grid electricity and fossil fuel-based power, while lowering exposure to fluctuations in coal and electricity prices.

UltraTech aims to increase green energy’s share in its total power mix to 85 per cent by 2030. As a member of RE100, it has also committed to meeting 100 per cent of its electricity requirement through renewable sources by 2050.

UltraTech Cement, the cement flagship of the Aditya Birla Group, has a total grey cement capacity of 210.1 MTPA and white cement and putty capacity of 3.5 MTPA. The company is also a signatory to the GCCA Climate Ambition 2050 and has committed to the GCCA Net Zero Concrete roadmap.