Court : Chennai
Reported in : (2008)7MLJ1119; 2009(40)PTC653(Mad)
..... , the respondent has merely highlighted that there are several proceedings pending in various courts and that the plaintiff had burked the information relating to the reference of the parties to mediation by the delhi high court. it is also contended in the counter affidavit that the television commercial complained of by the plaintiff contains only the positive features of the defendant ..... pending.c.s. no. 1709 high court, delhi plaintiff herein v. atul shah this suit relates to the of 2005 'all round protection' cartonof the defendant.no injunction in force. mediation failed and suit pending._________________________________________________________________________________________________w.p. no. 4165 high court, delhi jay kanak bhai bhatt v. union this writ petition of 2006 of india challenges the grant of registrationof a ..... conduct of the plaintiff. it is stated in the said counter affidavit that in view of the fact that there are several litigations pending between the plaintiff and the defendant, mediation was already initiated before a learned judge of the delhi high court at the instance of the delhi high court and that the plaintiff had suppressed this fact in the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2008SC2028; 2008(1)ARBLR545(SC); 2008(56)BLJR1596; 2008BusLR418(SC); JT2008(4)SC390; (2008)4MLJ480(SC); 2008(4)SCALE316; (2008)6SCC732; 2008(1)LC553(SC); 2008AIRSCW2686; 2008(3)LH(SC)2041
..... valuable right of appeal will be lost. therefore, in the scheme of things, the submission of the learned counsel cannot be accepted....[see also the comments in 'arbitration, conciliation and mediation', second edition by shri v.a. mohta, page 82]20. it is also not a case where this court has exercised its jurisdiction under sub-section (6) of section 11 .....Tag this Judgment!
Court : Allahabad
Reported in : 2012(3)KLT49(SN)(C.No.50)
..... offences under section 498 a ipc where immediate arrests may not be necessary, for laying down the appropriate criteria in this regard, and for sending the matters for mediation before the mediation cells in the civil courts, in accordance with the aforesaid directions of this court. the principal secretary, (finance), u.p. may apprise the court as to ..... legal services authorities to submit their compliance reports (through the district judges) for getting the aforementioned minor matters relating to offences under section 498 a ipc settled through mediation and the difficulties they encounter or forsee in complying with the directions of this court by the next listing. the state government is also directed to submit its ..... received considerable feedback from subordinate judicial authorities that unless the offence under section 498-a ipc is made compoundable, much benefit cannot be derived by trying to bring about mediation between the parties. a dilemma then arises before the concerned court, (which cannot close the trial because the spouses have compromised their dispute) or even before the aggrieved ..... l.r and tanuja srivastava, i.g.( public grievances), ms. g. sridevi, secretary, u.p. state legal services authority, sri ashok mehta, organising secretary, allahabad high court, mediation and conciliation centre, sri pankaj naqvi, sister sheeba jose advocates on behalf of the intervenor 'sahyog,' sri d.r. chaudhary, learned government advocate and sri bimlendu tripathi, learned a.g .....Tag this Judgment!
Court : US Supreme Court
..... during the last two years when widespread strikes, the usual accompaniment of business recovery, prevailed throughout the country, is to be explained primarily not by the mediation machinery of the railway labor act, but by the existence of these collective labor contracts. for, while they are in existence, these contracts provide orderly, legal ..... association by individual mechanical department employes by circulating or causing to be circulated applications for membership in said independent shop crafts association notwithstanding the certification as aforesaid by the national mediation board of said system federation no. 40, railway employes department of the american federation of labor, as the authorized representative of its mechanical department employes, . . ..... 300 u. s. 540 prevent its employees from exercising their right to choose their own representative; that for that purpose, following the certification, by the national mediation board, of the federation, as the duly authorized representative of petitioner's mechanical department employees, petitioner had organized the independent shop craft association of its shop craft ..... pay, rules, or working conditions on the railroads, by the promotion of collective bargaining between the carrier and the authorized representative of its employees, and by mediation and arbitration when such bargaining does not result in agreement. to facilitate agreement, it gives to employees the right to organize and bargain collectively through a .....Tag this Judgment!
Court : Supreme Court of India
..... under section 89?20. 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 proceeds ..... that it is the parties' own responsibility for making decisions which affect them."all over the country the courts have been referring cases under section 89 to mediation by assuming and understanding `mediation' to mean a dispute resolution process by negotiated settlement with the assistance of a neutral third party. judicial settlement is understood as referring to a compromise ..... those words in section 89 with interchanged meanings has led to confusion, complications and difficulties in implementation. the mix-up of definitions of the terms "judicial settlement" and "mediation" in section 89 is apparently due to a clerical or typographical error in drafting, resulting in the two words being interchanged in clauses (c) and (d) of section ..... 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 : Kerala
Reported in : 2012(3)KLJ856; 2012(3)ILR(Ker)922
..... it discusses the subject matter with the parties and persuades them to arrive at a just settlement." 14. going by rule 23 of the rules, a mediator is not entitled to communicate to the court except in respect of the matters mentioned in the rule. sub clauses (i) and (ii) of clause ..... to solve the dispute and emphasizing that it is the parties own responsibility for making decisions which affect them. the said rule also provides that the mediator shall not impose any terms of settlement on the parties. rule 20 provides for confidentiality, disclosure and inadmissibility of information. rule 24 provides that ..... petitioner. 3. in an earlier round of litigation where anitha's husband and his parents filed o.p.(f.c.) no.2219 of 2011, a mediation settlement was arrived at between the parties and a compromise petition was filed before court. as per the terms of settlement, the parties agreed as ..... where no agreement is arrived at between the parties, before the time limit stated in rule 19 or where the mediator is of the view that no settlement is possible, he shall report the same to the court in writing. rule 27 provides the ethics to ..... provides that any party to the suit may, 'without prejudice' offer a settlement to the other party at any stage of the mediation proceedings. rule 18 provides that the mediator shall attempt for voluntary resolution of the dispute by the parties by facilitating discussion between the parties directly or by communicating with each of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2010(3)KLT75(SN)(C.No.83)SC; 2010(3)ILR(Ker)917; 2010(6)SCJ786; 2010(5)LW241; 2010(8)MLJ369; 2010AIR(SCW)4983; 2010(8)SCC24; 2011(2)KLJ(NOC)17; 2010(3)CLT351; 2010(3)ArbLR116; 2010(7)Scale293; 2010(7)JT616; 2010(6)SLT362
..... under section 89?20. 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 proceeds ..... that it is the parties' own responsibility for making decisions which affect them."all over the country the courts have been referring cases under section 89 to mediation by assuming and understanding `mediation' to mean a dispute resolution process by negotiated settlement with the assistance of a neutral third party. judicial settlement is understood as referring to a compromise ..... those words in section 89 with interchanged meanings has led to confusion, complications and difficulties in implementation. the mix-up of definitions of the terms "judicial settlement" and "mediation" in section 89 is apparently due to a clerical or typographical error in drafting, resulting in the two words being interchanged in clauses (c) and (d) of section ..... 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 .....Tag this Judgment!
Court : US Supreme Court
..... . it was superseded in 1898 by the erdman act, 30 stat. 424, which provided machinery for arbitration and also introduced for the first time the policy of mediation. the mediators were the chairman of the interstate commerce commission and the united states commissioner of labor. next came the newlands act of 1913, 38 stat. 103, which established ..... alderman, the history of federal legislation dealing with machinery for settling disputes concerning wages and working conditions of employees of interstate railroads (1938); the railway labor act and the national mediation board (1940), pp. 7, 8, 67-76; fisher, industrial disputes (1940), pp. 154-186; johnson, government regulation of transportation (1938), pp. 190-206; parmelee, the modern railway ..... fail, there is the emergency board which may be established by the president under 10. in short, congress, by this legislation, has freely employed the traditional instruments of mediation, conciliation, and arbitration. those instruments, in addition to the available economic weapons, remain unchanged in large areas of this railway labor field. on only certain phases of this ..... arose relative to the calling of men for emergency service as engineers. efforts to settle the dispute having failed, the matter was submitted to the national mediation board, and a mediation agreement between the firemen and the carriers resulted. the engineers then brought an action in the federal district court for a declaratory judgment that the agreement was .....Tag this Judgment!
Court : US Supreme Court
..... pressures. moreover, the court provides absolutely no guidance as to where in the bargaining scheme the parties are to be remanded. does the court send them back to the mediation board which has already terminated jurisdiction finding the parties to have reached impasse? should the court remand to some other phase of the proceedings? if so, where? more important ..... parties themselves, which congress enacted in 1926 as-the railway labor act, 44 stat. 577, was a unique blend of moral and legal duties looking toward settlement through conciliation, mediation, voluntary arbitration, presidential intervention, and finally, in case of ultimate failure of the statutory machinery, resort to traditional self-help measures. the cooperation involved was unparalleled in this ..... ). in light of these considerations, we think the conclusion inescapable that congress intended the enforcement of 2 first to be overseen by appropriate judicial means, rather than by the mediation board's retaining jurisdiction over the dispute or prematurely releasing the parties for resort to self-help if it feels such action called for. [ footnote 14 ] iv we ..... connection with the duty to "exert every reasonable effort" under the railway labor act. in that case, the railroad refused to recognize a union certified by the national mediation board as the duly authorized representative of its shop workers, and instead sought to coerce these employees to join a company union. the employees sought and obtained an injunction .....Tag this Judgment!
Court : Delhi
..... directed on the 11th of february, 2011 that the defendant shall not file its written statement to the plaint for the reason that the parties had consensually been referred to mediation. the mediation process was also ongoing..22. i may also notice the vehement argument of mr. anil aggarwal, learned counsel for the plaintiff to the effect that shri jitender singh (husband ..... the district courts and had consequently requested his colleague shri sameer bhatnagar, advocate to appear in the matter and make a request for adjournment on account of pendency of the mediation review petition no.512/2011 in cs (os) no.314/2011 11 proceedings. mr. siddhartha tanwar, learned counsel for the defendant has contended that the defendant took advantage of the ..... even remotely draw the court's attention to the direction which was made by the court on 11th february, 2011 specifically directing that in view of the pendency of the mediation, the defendant shall not file its written statement to the plaint..20. the direction by the court putting in abeyance the filing of the written statement was an important factor ..... 23rd february, 2011, the learned joint registrar also recorded a statement by learned counsel for the applicant-shri harmeet singh in the suit that the matter was fixed before the mediation cell on 3rd march, 2011. ia no.2929/2011 being the impleadment application was listed before the joint registrar thereafter on 18th march, 2011 when counsel for the plaintiff accepted .....Tag this Judgment!