Justice Bhambhani, Kohli: Construction Mediation India Insights

• The Commercial Mediation Conclave India 2026 hosted a fireside chat featuring Justice Anup Jairam Bhambhani, former Justice Hima Kohli, and Mehak Oberoi.
• The discussion followed the launch of Mehak Oberoi's new book on construction mediation.
• Key topics included how mediators uncover real interests in construction disputes, the optimal timing for mediation, and ensuring settlement enforceability.
• The senior judges provided valuable insights into effective construction dispute resolution strategies in India.

The collective wisdom shared by Justice Anup Jairam Bhambhani and former Justice Hima Kohli on construction mediation in India offers profound guidance for the legal community.

The Commercial Mediation Conclave India 2026, an event meticulously curated and hosted by The PACT, recently served as a significant platform for advancing discourse on dispute resolution. A highlight of the conclave was the official launch of a new book dedicated to construction mediation, authored by Mehak Oberoi. This publication set the stage for a subsequent fireside conversation that brought together prominent legal minds to delve into critical aspects of resolving complex construction disputes through mediation.

Following the book launch, the fireside chat featured two distinguished senior judges, Justice Anup Jairam Bhambhani and former Justice Hima Kohli, alongside author Mehak Oberoi. Their discussion provided invaluable perspectives on several core challenges and strategies within construction mediation. The conversation specifically addressed how mediators can effectively uncover the true underlying interests of parties involved in a construction dispute, moving beyond their stated legal positions to facilitate more meaningful resolution.

A central theme explored during the discussion was the optimal timing for initiating mediation in construction disputes. The judges offered their expert opinions on when intervention is most likely to be effective, considering the various stages of a project and the evolving nature of disagreements. Understanding this strategic timing is crucial for legal practitioners and parties seeking to leverage mediation as an efficient dispute resolution mechanism in India.

Furthermore, the panel extensively examined the critical issue of ensuring that mediated settlements are robust and enforceable. Justice Bhambhani and former Justice Kohli shared their insights on the factors that contribute to a settlement's durability and the measures necessary to make it legally binding and sustainable. This aspect is particularly vital in construction, where agreements often involve multiple stakeholders and long-term commitments, requiring clarity and certainty in their execution.

The collective wisdom shared by Justice Anup Jairam Bhambhani and former Justice Hima Kohli on construction mediation in India offers profound guidance for the legal community. Their insights into uncovering the real interests of disputing parties underscore the importance of a nuanced approach that goes beyond superficial claims, aiming for resolutions that address the root causes of conflict. This judicial emphasis on deeper understanding can significantly refine the negotiation strategies employed by lawyers and mediators alike.

For legal professionals advising on construction disputes, these discussions from the Commercial Mediation Conclave India 2026 provide a roadmap for enhancing client outcomes. By integrating judicial perspectives on the optimal timing for mediation intervention and the methods to ensure settlement enforceability, practitioners can navigate complex cases more effectively. The expertise shared by Justice Bhambhani and former Justice Kohli, alongside Mehak Oberoi's contribution, reinforces the evolving landscape of construction dispute resolution strategies in India, highlighting the growing significance of well-executed mediation.

Lawyers advising on construction disputes in India should leverage these judicial insights on effective mediation strategies, particularly regarding the optimal timing for intervention and methods to ensure settlement enforceability, to enhance client outcomes in dispute resolution. Understanding judicial perspectives on uncovering real interests can refine negotiation approaches.

Source: Original reporting via SCC Times