Choosing a Mediator

The choice of a Mediator should be based on 2 broad factors:

1- Skills (hard/soft) and 2- (relevant) Experience

1

  • The hard skills basically come through training and practice.
  • The soft skills manifest through our attitude and behaviour.
  • Hard skills can be learnt and imbibed.
  • Soft skills are often within us, an integral part of us. Of course they can be refined and topped up through interventions like training, but the core is always within, and is consistently manifested in different scenarios

2

  • Relevant experience as desired for Mediation would depend on the nature of the dispute - is it basically commercial (often contractual), or more of a civil nature (like negligence or matrimonial), or a combination of both.

A mediated Settlement Agreement between the parties is the most satisfying outcome, as it is the parties themselves that are at the centre of the process and have resolved their dispute amicably and under mutually acceptable terms - all within a limited time and cost. The Settlement provides a genuine finality and closure of the dispute.

- Atul Sobti

In this connection, Mediation India offers the following:

  • Atul Sobti is a trained and certified Mediator, and an Advocate registered with the Bar Council of Delhi.
  • He has undertaken comprehensive Mediation training with IICA Indian Institute of Corporate Affairs, a part of the Ministry of Corporate Affairs, as well as ADR/ODR International (a London based organisation with an affiliate in India).
  • While being an Advocate is not a necessity for the conduct of Mediation (as the scope is not of proving any party right or wrong), legal knowledge can often help in facilitating the process, gently challenging certain assumptions, and moving the process along. It is also helpful in interacting with the Advocates of the parties.
  • Atul Sobti has now set up his own Private Mediation practice.
  • "Throughout my career and even outside of it, I have been able to consistently maintain a professional, objective viewpoint and demeanor, especially with regard to people and when dealing with challenging situations. I am a good listener.
  • With my broad and extended experience I can empathise with various types of parties in various businesses and situations, help them participate, and facilitate them in developing appropriate, even innovative, outcomes that would be mutually acceptable. I have handled many disputes and negotiations, including court cases, whether involving employees (subordinates, peers and superiors), customers, partners (channels, vendors, joint ventures), Boards, auditors, financial institutions, regulatory authorities etc.
  • My career has been for many years in the Commercial area (Sales, Marketing), followed by General Management and then Senior Management roles. I have worked across multiple industries, including IT, Telecom. Logistics. Automobile and Pharmaceuticals.
  • Apart from my experience of 35 years in the private corporate sector, I have also been an entrepreneur, having run my own publishing venture for about 5 years.'

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