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 on .....Tag this Judgment!
Court : Chennai
..... shall be handed over to the police under due acknowledgment, for the purpose of investigation. for signature comparison, the police require the signatures of kulandaivel, of the period when the mediation report dated 18.12.2014 was signed. kulandaivel is directed to co-operate with the police in this regard and furnish necessary particulars if available. the assistant commissioner of police ..... station, vepery to the file of b-4 high court police station, chennai. 16. learned additional public prosecutor submitted that the police need free access to the records in the mediation centre as well on the file of this court. 17. there is much force in the submission of the learned additional public prosecutor. therefore, this court permits the investigating officer ..... to the police or the registrar general of this court, if any enquiry is conducted and if it is found that there was impersonation of the defacto complainant before the mediation, it is open to petitioner to approach this court for appropriate orders. 7. in the result, this petition is not maintainable and hence, it is dismissed." 9. from a reading ..... .ramanathan, j. on 16.02.2015. mr.sathyaseelan for mr.elango, advocate appeared before r.s.ramanathan,j. on 16.02.2015 and contended that kulandaivel had not signed the mediation agreement and that someone had impersonated him. recording the submission, r.s.ramanathan,j. refused to interfere and dismissed the petition in crl.o.p.sr.no.2203 of 2015 .....Tag this Judgment!
Court : US Supreme Court
..... organizations that have been designated and authorized to represent the employees involved in the dispute, and certify the same to the carrier. . . . in such an investigation, the mediation board shall be authorized to take a secret ballot of the employees involved, or to utilize any other appropriate method of ascertaining the names of their duly designated and authorized ..... the carrier shall treat with the representative so certified as the representative of the craft or class for the purposes of this chapter. in such an investigation, the mediation board shall be authorized to take a secret ballot of the employees involved, or to utilize any other appropriate method of ascertaining the names of their duly designated and ..... that it did so in a manner satisfying any possible constitutional requirements that might exist. its determination, therefore, is not subject to judicial review. switchmen's union v. national mediation board, supra. as was pointed out there, the "highly selective manner in which congress has provided for judicial review of administrative orders or determinations under the act," id. at ..... u.s. 650 certiorari to the united states court of appeals for the district of columbia circuit syllabus the brotherhood of railway and steamship clerks (brotherhood) filed with the national mediation board (board) an application under 2, ninth of the railway labor act, which, as later amended, requested investigation of a representation dispute among the "clerical, office, stores, .....Tag this Judgment!
Court : US Supreme Court
..... is rejected and the dispute threatens" "substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, the mediation board shall notify the president," "who may create an emergency board to investigate and report on the dispute. 10. while the dispute is working its way through these ..... assignments at all. the parties were again unable to negotiate a settlement themselves, and, on june 17, 1966, the union invoked the services of the national mediation board. while the mediation board proceedings were pending, the railroad posted a bulletin definitely creating the disputed work assignments at trenton effective september 26, 1966. faced with this unilateral change in ..... . . . by the mediation board," forbids such unilateral action by the carrier. the district court dismissed the railroad's complaint, but granted the union's request for an injunction restraining the railroad from establishing ..... a strike, and the union counterclaimed for an injunction prohibiting the establishment of the outlying assignments on the ground that 6, which provides that, "where . . . the services of the mediation board have been requested by either party . . . , rates of pay, rules, or working conditions shall not be altered by the carrier until the controversy has been finally acted upon .....Tag this Judgment!
Court : Chennai
..... demands will be raised at any stage. the 2nd party should repay the amount received from the 1st party with bank interest if she retracts from this mediation agreement.17. both the parties agree to co-operative in all cases without fail as mentioned in this memorandum of understanding. both the parties agree that ..... her against the 1st party as if all the case pending as on today. the 2nd party agrees that if she retracts and goes back from this mediation agreement or failed to give consent for the quash petitions, and the mutual divorce petitions to be filed, the first party is entitled to pursue the ..... nature if filed against each other or against the other party s family members, relatives in any forum, apart from those that are explicitly mentioned in this mediation agreement. whereas, both the parties agree that in view of the settlement in order both agree and undertake not to interfere in their life in future.14 ..... date of hearing of the quash petitions to be filled before the hon ble high court, chennai against the cases mentioned in para-4 of this mediation agreement initiated by the 2nd party against the 1st party and his family members. iv) rs.3 lakhs shall be handed over to the counsel of ..... c.c.no.220 of 2011 on the file of the learned judicial magistrate no.i, erode.2. this criminal revision petition was referred for mediation to the tamil nadu mediation and conciliation centre, high court of madras, by the order of this court, dated 26.06.2013.3. a communication, dated 18.09. .....Tag this Judgment!
Court : Andhra Pradesh
..... not in any way curtailed by this direction. it will be for the concerned court to work out the modalities taking into consideration the facts of each case. c) all mediation centres shall set up pre- litigation desks/clinics; give them wide publicity and make efforts to settle matrimonial disputes at pre-litigation stage. in similar circumstances, honble mr.justice r ..... courts dealing with the complaint under section 498-a of the ipc should, at any stage and particularly, before they take up the complaint for hearing, refer the parties to mediation centre if they feel that there exist elements of settlement and both the parties are willing. however, they should take care to see that in this exercise, rigour, purport and ..... giving sufficient publicity and matrimonial disputes are taken up for pre-litigation settlement, many families will be saved of hardship if, at least, some of them are settled. 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 possibility of settlement through ..... mediation in matrimonial disputes. we, therefore, issue directions, which the courts dealing with the matrimonial matters shall follow: a) in terms of section 9 of the family courts act, the family .....Tag this Judgment!
Court : US Supreme Court
..... of the national mediation board and for national bargaining conferences between the parties immediately following the report of the commission. finally, it provided that the agreement was not to be construed as a ..... supra. the 1960 agreement establishing the presidential commission was "approved" by secretary of labor mitchell. it provided that the parties accepted its proceedings ". . . as in lieu of the mediation and emergency board procedures provided by section[s] 5 and 10 of the railway labor act." in addition, the agreement somewhat inconsistently made provision for the invocation of the services ..... provision could effectively forestall either party from resorting to the procedures of 5 of the act is a question which we need not decide, because the services of the national mediation board were in fact specifically invoked by the organizations, and the board's procedures were exhausted. similarly, although arbitration page 372 u. s. 291 pursuant to 7 [ footnote 5 ..... and the carriers under the auspices of the chairman of that board, but no agreement was reached. the organizations having refused to submit the dispute to arbitration, the national mediation board, on july 16, terminated its services under the provisions of the railway labor act. on the following day, the carriers served notice on the organizations that, as of .....Tag this Judgment!
Court : Chennai
..... for special leave to appeal (civil) no.19109 of 2009 before the honourable supreme court and the honourable supreme court, dated 23.07.2010, passed the following order: tamil nadu mediation and conciliation centre has reported that the parties have not been able to amicably resolve their dispute. we have heard shri k.u.rajasekar, petitioner, who has appeared in person ..... registrar, tamil nadu information commission, chennai, has among other things stated as follows: the appellant was promptly informed on 24.08.2011 that no opinion can be offered on the mediation proceedings. such information was given in the light of the direction of the hon'ble supreme court of india, in the case of moti ram & another vs. ashok kumar & another ..... hence it is requested to the information sought is also provide the complete exempted from disclosure u/s information/documents 8(1)(b) of the rti act, 2005. of both the mediation reports. ================================================================= 13.also that, the respondent was informed that with reference to his appeal petition dated 30.06.2011 that he can obtain copies of grounds of appeal in cmsa ..... the court of india by order dated respondent stating 07.12.2010 in civil appeal 1095 that she was not of 2008, has held that the starving for money to mediation proceedings are take food. in this totally confidential and way the petitioner personal. the ratio laid down only has not shown by the hon'ble supreme court is willingness. hence .....Tag this Judgment!
Court : Supreme Court of India
..... by norm creation, judicial independence by the involvement of trusted peers, and so on. this presents an alternative conceptualization of justice.19. we have purposely stated the aforesaid advantages of mediation process in a hope that if not now, in near future the parties may agree on exploiting this mechanism to their advantage.20. in this backdrop, mr. dushyant dave, ..... optimistic that the magnanimity of the human spirit can conquer structural imbalances and resource constraints. professor stulberg, in his masterful comment on the drafting of the uniform model mediation act, fairness and mediation, begins with the understated predicate that the meaning of fairness is not exhausted by the concept of legal justice. in truth, the more pointed argument advanced in the ..... the parties and, therefore, create a win win situation, the outcome which cannot be achieved by means of judicial adjudication. thus, life as well as relationship goes on with mediation for all the parties concerned and thus resulting into peace and harmony in the society. while providing satisfaction to the litigants, it also solves the problem of delay in our ..... produce an acceptable result in shortest possible time, with the least possible expense and with a minimum of stress on the participants. that is what justice is all about. mediation is one such mechanism which has been statutorily brought into place in our justice system. it is one of the methods of alternative dispute resolution and resolves the dispute in .....Tag this Judgment!
Court : Mumbai Goa
..... that divorce proceedings will be filed jointly, provided the above mentioned terms are met in advance by mr. gaurav. the above terms of settlement were signed by all the above mediators as well as by gaurav and radhika. 35. in the case of ??moti ram (dead) through lrs ? (supra), relied upon by the learned counsel for gaurav, the hon'ble supreme ..... returns as well as the certificate of chartered accountant based on such income tax returns cannot be wholly relied upon to determine the income of gaurav. 33. admittedly, there was mediation meeting held at the residence of mrs. rachita velho and mr. verner velho, on 14/10/2008 in which settlement terms were drawn and it was resolved in the presence ..... application of gaurav for appointment of chartered accountant as commissioner to determine the financial capacity of the parties. she pointed out that the settlement terms signed by gaurav emanated from mediation initiated by the cousins of gaurav and the agreement was signed by the parties without any coercion. counsel urged that the picture which emerges from this settlement is certainly the ..... submitted that these terms of settlement never ended in a concluded contract and were never acted upon. he urged that the said settlement terms were out of informal mediation. he urged that an unsuccessful mediation would not amount to a concluded contract. learned counsel further urged that gaurav might have promised anything but the question is whether he was capable of payment .....Tag this Judgment!