Court : Supreme Court of India
Reported in : AIR2005SC3353; 2005(5)ALD1(SC); 2005(5)ALLMR(SC)876; 2005(3)ARBLR81(SC); 2005(3)AWC2996(SC); 2005(3)BLJR1934; 2005(6)BomCR839; (2006)2GLR1312; JT2005(6)SC486; 2005(6)KarLJ5
..... suit or in any other suit or proceedings.(vii) such other categories of persons as may be notified by the high court.rule 6 : venue for conducting mediation :the mediator shall conduct the mediation at one or other of the following places:(i) venue of the lok adalat or permanent lok adalat.(ii) any place identified by the district judge within the ..... commit to participate in the proceedings in good faith with the intention to settle the dispute, if possible.rule 20 : confidentiality, disclosure and inadmissibility of information:(1) when a mediator receives confidential information concerning the dispute from any party, he shall disclose the substance of that information to the other party, if permitted in writing by the first party.(2 ..... directed to examine it and if agreed, it shall request the planning commission and finance commission to make specific financial allocation for the judiciary for including the expenses involved for mediation/conciliation under section 89 of the code. in case, central government has any reservations, the same shall be placed before the court within four months. in such event, the ..... , the court may reformulate the terms of a possible settlement and refer the same for--(a) arbitration;(b) conciliation;(c) judicial settlement including settlement through lok adalat; or(d) mediation.(2) where a dispute has been referred--(a) for arbitration or conciliation, the provisions of the arbitration and conciliation act, 1996 (26 of 1996) shall apply as if the .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2008KAR4055
..... rules with such modifications as they may deem it fit. the karnataka high court in turn has framed (1) the civil procedure (alternative dispute resolution karnataka) rules, 2005; karnataka civil procedure code (mediation) rules, 2005; civil procedure (amendment karnataka) rules, 2005 and karnataka (cash flow management in subordinate courts) rules, 2005.26. now if the aforesaid rules are implemented in letter and spirit ..... be given to section 89 of the code. the said committee submitted its report and along with the same submitted model rules for approval in respect of alternative dispute resolution, mediation, amendment to the code as well as cash flow management in subordinate courts. the supreme court approved the same and required the high courts in the country to adopt the ..... out whether the suit could be settled in any one of the alternative dispute resolution mechanism provided under the said section, namely arbitration, conciliation, judicial settlement including lok adalath or mediation. in the event of the suit being not settled in the foresaid four modes then the court has to embark upon a trial. strictly speaking the hearing of the suit ..... any one of the modes of settlement; and accordingly issue appropriate directions.(4) while referring the matter to lok adalath or mediation, the court shall fix the date of trial beyond 60 days, making it clear that if the mediation or lok adalath fails, the trial would begin on the said date and that it will go on day to day.(5 .....Tag this Judgment!
Court : Karnataka
..... .03.2012. learned advocates appearing for the parties identify their respective clients, who admit their signatures as appearing on the memorandum of agreement dated 30.03.2012, drawn in the mediation centre, bangalore.6. sri g.b. nandish gowda, learned advocate appearing for the respondents delivered a pay order bearing no.827082 dated 05.04.2012 for zl,00,100/-, payable ..... into an agreement under s.89 of cpc read with rules 24 and 25 of karnataka civil procedure (mediation) rules, 2005. the bmc has forwarded the said agreement along with enclosures.4. learned advocates appearing for the parties submitted that the agreement reached between the parties in the bmc ..... .p3 and the sale deed at ex.p5?"3. learned advocates on both sides having submitted that there are elements of settlement and the matter may be referred to bangalore mediation centre, to explore the possibility of settlement, the matter was referred to bmc. the parties having appeared before the bmc, they have arrived at an amicable settlement and have entered ..... dated 30.03.2012.7. the compromise entered into by the parties is lawful and can be accepted. hence, the memorandum of agreement dated 30.03.2012 drawn at the mediation centre, bangalore is placed on record. the appeal stands dismissed in terms of the said agreement.draw decree accordingly.parties to bear their respective costs. .....Tag this Judgment!
Court : Karnataka
Reported in : 2010(2)KCCR1069
..... of the phrase lawful' can be pressed into service. the said phrase lawful' cannot be stretched to an absurdity to render the proceedings before the mediation center otiose. it is no doubt true that the court is also required to assure itself of the maturity and the comprehension of the spouses: ..... minimal or even remote, the courts are required to grant a decree for dissolution of marriage. it is no doubt true that rule 25 of the mediation rules would contemplate that the settlement arrived at between the parties is lawful. usage of the phrase 'lawful' in medication rules is only to ascertain ..... with the terms of settlement accepted by the parties. further, in this view, there is no question of the court which refers the matter to mediation/conciliation being debarred from hearing the matter where settlement is not arrived at. the judge who makes the reference only considers the limited question as to ..... tried to play fraud with law, but however, the situation on hand is not identical.5. as observed earlier, the proceedings were referred to the mediation center by the family court. the parties have even found that there is no possibility of them continuing to stay as husband and wife. hence they ..... their claim. the said order is impugned in this writ petition.2. learned counsel for the petitioner submits that the matter was referred to the mediation center by the family court itself so that the matter could be thrashed out without going through the agony of a full-fledged trial. he .....Tag this Judgment!
Court : South Africa Supreme Court of Appeal
..... and swain ajja concurring):  this appeal is concerned with the constitutionality of rule 25(1)(c) of the rules for the conduct of proceedings before the commission for conciliation, mediation and arbitration (ccma),1a matter that was left open by the constitutional court in 2009.2the subrule limits the right to legal representation in ccma arbitration proceeedings concerning the fairness .....Tag this Judgment!
Court : Mumbai
..... resources of the parties for decades. it, therefore, ordinarily be worth while to grant the parties a few more weeks or months to resolve their disputes through mediation or conciliation. advantage of mediation settlement is that by one settlement, parties may be able to put an end to several proceedings. in the instant case also, there are several other proceedings ..... in the course of hearing of arbitration application under section 11 of the arbitration act. that court has been extending the time for submission of the report of the learned mediator and the last extension granted by the learned single judge, hearing arbitration application, was on 4 january 2013, which clearly indicates that further hearing of arbitration application has been ..... restraining the petitioners by themselves or by their servants, agents and officers from altering the status quo and acting on the notice dated 28 january 2013; c) pending the mediation, this hon'ble court be pleased to pass an appropriate order, direction or injunction restraining the petitioners by themselves or by their servants, agents and officers from acting upon ..... differences and arrive at a settlement which effectively resolves the dispute between them. the parties are in the process of preparing a draft settlement agreement for consideration during the next mediation session. on 14 january 2013, appeal from order no.275 of 2012 was listed before mr. justice s.c. dharmadhikari. the respondent herein produced the interim report dated .....Tag this Judgment!
Court : Delhi
..... under section 89? 29. section 89 refers to five types of adr procedures, made up of one adjudicatory process (arbitration) and four negotiatory (non-adjudicatory) processes conciliation, mediation, judicial settlement and lok adalat settlement. the object of section 89 of the code is that settlement should be attempted by adopting an appropriate adr process before the case ..... before proceeding with the matter, it is therefore, firstly essential to consider and address the basic question as to whether the settlement dated 30th october, 2013 resulted out of mediation or conciliation between the parties. 31. conciliation is one of the alternate dispute resolution mechanisms, though provided for in section 89 of the cpc, but, specifically dealt with ..... the settlement agreement resulted in conciliation between the parties. this aspect assumes importance because of the difference between the prescribed mechanisms for execution of the settlements reached in mediation and conciliation. 29. the above statutory scheme lays down that a conciliation agreement has the same status and effect as if it is an arbitral award by virtue ..... the court may reformulate the terms of a possible settlement and refer the same for (a) arbitration; (b) conciliation; (c) judicial settlement including settlement through lok adalat. (d) mediation (2) where a dispute has been referred (a) for arbitration or conciliation, the provisions of the arbitration and conciliation act, 1996 (26 of 1996) shall apply as if the .....Tag this Judgment!
Court : Supreme Court of India
..... of burden of cases on the courts will, however, be merely an incidental benefit and not the reason for sending the parties for mediation. we recognize mediation as an effective method of alternative dispute resolution in matrimonial matters and that is the reason why we want the parties to explore the ..... if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation. this is, obviously, not to dilute the rigour, efficacy and purport of section 498-a of the ipc, but to locate cases where ..... section 498-a of the ipc could be made compoundable, it has not been made compoundable as yet. the courts direct parties to approach mediation centres where offences are compoundable. offence punishable under section 498-a being a non-compoundable offence, such a course is not followed in respect ..... matrimonial dispute can be amicably settled by a family court either by itself or by directing the parties to explore the possibility of settlement through mediation, a complaint under section 498-a of the ipc presents difficulty because the said offence is not compoundable except in the state of andhra ..... -litigation clinic, perhaps the bitterness would not have escalated. things would not have come to such a pass if, at the earliest, somebody had mediated between the two. it is possible that the respondent-wife was desperate to save the marriage. perhaps, in desperation, she lost balance and went .....Tag this Judgment!
Court : Mumbai
..... brought before the counselors also to be consulted so that the two sides could end their disputes in an amicable solution. this service is what is popularly called mediation ?. the mediator creates options for settlement between the disputant parties. the various options would essentially end the domestic violence. it would prevent the woman from further violence and protect ..... of any service provider provided thereunder including ngos, counselors or the police may be counselled with regard to the course of action which she can take including joint counselling /mediation with her spouse / husband or her family members / in-laws subject to the following directions / guidelines: (a) a violated woman must be informed about her right ..... good practices published by un women. the article on domestic violence and its implementation ? considers the cedaw perspective in asian countries which bear references to pre-litigation / mediation and counselling. the general recommendation no. 99 of the cedaw committee inter alia requires protection measures, including refuge, counselling rehabilitation action and support services for women who are ..... development of the government of maharashtra issued a circular on 24th july, 2014 regarding one of the aspects contained in the suggestions of the petitioner viz., counselling / mediation under the dv act. 3. whereas the suggestion of the petitioner was that there is a provision of appointment of counselors whose primary duty is preventing the recurrence .....Tag this Judgment!
Court : Kerala
Reported in : 2007(1)ARBLR405(Kerala); 2007(1)KLT196
..... adr available. it would be artificial to read into the section any distinction between method (a) relating to arbitration and the other three methods of conciliation, judicial settlement and mediation. the language of section 89(1) treats all the four dispute resolution mechanisms identically. except the traditional notion of arbitration being adjudication by a private judge - and i ..... parties amicably. malimath committee recommended to make it obligatory for the court to refer the dispute, after issues are framed, for settlement either by way of arbitration, conciliation, mediation, judicial settlement or through lok adalat. it is only when the parties fail to get their disputes settled through any of the alternate dispute resolution method that the suit ..... , submits the learned counsel.21. sri. ramesh chander thirdly contends that even assuming thatthe civil court has the power to refer the parties to conciliation,judicial settlement or mediation without their consent, such a power to refer the parties to arbitration without their consent cannot be assumed. by its very nature, the method of dispute resolution by ..... the court may reformulate the terms of a possible settlement and refer the same for -(a) arbitration;(b) conciliation;(c) judicial settlement including settlement thorough lok adalat; or(d) mediation.(2) where a dispute has been referred -(a) for arbitration or conciliation, the provisions of the arbitration and conciliation act, 1996 (26 of 1996) shall apply as if the .....Tag this Judgment!