Court : US Supreme Court
..... these were certainly not expected to be solved by ill-adapted judicial interferences, escape from which was indeed one of the driving motives in establishing specialized machinery of mediation and arbitration. government intervention of any kind was contemplated only as a last resort for the avoidance of calamitous strikes. the landmarks in this history, tersely ..... assigned was that the machinery provided for settling disputes was not "based on a philosophy of legal compulsion," but created "a system for peaceful adjustment and mediation voluntary in its nature." the problem presented was whether the adjustment board procedure either was exclusive or was an essential preliminary to judicial proceedings within the doctrine ..... the parties agree to arbitration, this exclusive authority includes representation of the employees not only in the stage of conference, but also in the later ones of mediation, arbitration, and conciliation. whether or not the agent's exclusive power extends also to the settlement of grievances in conference or in proceedings before the board presents ..... u. s. 50 , and finally to possible presidential intervention to secure adjustment. 10. for their settlement, the statutory scheme retains throughout the traditional voluntary processes of negotiation, mediation, voluntary arbitration, and conciliation. every facility for bringing about agreement is provided, and pressures for mobilizing public opinion are applied. the parties are required to submit to the .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... issue inasmuch as interconnection rates having been fixed thereby, the same could not have been modified and/or altered by reason of any settlement between the parties arrived at by mediation or otherwise. 2. fixation of interconnection charges including adc, being a statutory function of the regulator, only because an issue had been raised by the private operators in ..... trai on or about 19.8.1998 to dot and cellular operators to finalize and sign the interconnection agreement in accordance with the direction contained therein. in the said mediation proceedings, the parties thereto were also heard on the various interconnection issues which arose for discussions. it was noticed that the issues relating to interconnection between the two sides ..... issue of this determination, the mediation process initiated by trai for signing of an interconnection agreement comes to an end. 11. the trai, in the aforementioned order, noticed the conditions of licence vis- -vis the ..... reference), the authority was to deliberate on the six major issues and issue appropriate determination. accordingly, authoritys determination on these issues is enclosed. all 18 issues identified during mediation process have been sorted out. it is, therefore, expected that an interconnection agreement between cmsps and dot (now bsnl) will now be signed at the earliest. with the .....Tag this Judgment!
Court : Delhi
..... the said rule has been taken over by professional mediators. the supreme court in ranganayakamma supra held that relinquishment of property amongst siblings stands on a different footing and held that where the underlying idea is to bring an era ..... in the contention, of different considerations applying while considering challenge to family settlements. the settlement agreement in the present case is nothing but a family settlement through the medium of mediation. with the societal changes, the common elder relatives of the family who used to bring about amicable settlements amongst warring siblings, hesitate to or do not want to interfere. ..... case linked to the sale consideration being received by ms. vandana kapoor and ms. sonika pruthi, nothing prevented ms. kiran vijhani and mr. satish kapoor, ably represented before the mediation cell also by counsels of this court, to have mentioned so in the settlement agreement. the argument, of having believed the sale consideration to be rs.80 lacs only, on ..... signing of the settlement agreement, the parties were left with no other claims or demands against each other and all the disputes and differences stood settled by the process of mediation/settlement; (vii) that the parties undertake to the court that they shall abide by the terms and conditions contained in the settlement agreement and not dispute the same.22. .....Tag this Judgment!
Court : Chennai
..... corporation of chennai will give the cheque for the pension arrears in the name of mrs.dhanalakshmi till september 2013 and produce the said cheque before the officer of the mediation and the same would be deposited and out of the same, dhanalakshmi will take rs.1,10,000/- and the balance will be given to mrs.saraswathi.6. later once ..... . for appellants : mr.m.l.ramesh for respondents : m/s.indirani for r1 to r3 mr.v.bharathidasan for r4 order this civil 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 22.2.2013.2. a communication, dated 5.11.2013, of the tamil nadu ..... conciliation centre, high court of madras, this civil revision petition is decreed, recording the terms of the mediation agreement, dated 12.9.2013. the terms of the mediation agreement, dated 12.9.2013 and the mediation report, dated 12.9.2013, of the mediation centre, shall form part of the order. 19.12.2013 index : yes/no internet : yes/no lan m.jaichandren j ..... back to the hon'ble court.".3. as the parties have arrived at a settlement in terms of the mediation agreement, dated 12.9.2013, this civil revision petition is listed for passing orders in terms of the said mediation agreement.4. the mediation agreement, dated 12.9.2013, signed by the parties and the counsels appearing for the parties concerned, reads as .....Tag this Judgment!
Court : Chennai
..... crime branch, kanchipuram, kanchipuram district. for petitioner : mr.k.g.senthilkumar for respondent : mr.r.prathapkumar government advocate crl. side order this criminal original petition was referred for mediation to the tamil nadu mediation and conciliation centre, high court of madras, by the order of this court, dated 27.12.2012.2. a communication, dated 22.8.2013, of the tamil nadu ..... counsel. respondent police appeared before the centre. parties arrived at an amicable settlement as per the terms in the mediation agreement enclosed. hence the matter is sent back to the hon'ble court.".3. as the parties have arrived at a settlement in terms of the ..... mediation agreement, dated 5.7.2013, this petition is listed for passing orders in terms of the said mediation agreement.4. the mediation agreement, dated 5.7.2013, signed by the parties and the counsel appearing for the petitioners reads as follows:- ".both ..... mediation and conciliation centre, high court of madras, enclosing a copy of its mediation report, dated 5.7.2013, has been received, and in the said mediation report, it is stated as follows:- ".petitioners and the defacto complainant appeared before the centre along with their .....Tag this Judgment!
Court : Delhi
..... protection afforded to the... petitioner by the order dated 1st august 2017, it is plain from the said order that it was meant to continue only to facilitate the mediation proceedings. with the mediation proceedings having failed, there is no occasion to continue to extend to the... petitioner the protection offered by that order. this, however, will not preclude the... petitioner from ..... of the present petition. he added that the... petitioner otherwise has no objection to the proceedings instituted by respondent no.2 in the courts in delhi continuing now that the mediation proceedings have failed.22. mr jauhar, on the other hand, submitted that the protection afforded to the... petitioner by the order dated 1st august 2017 was on the specific ..... in the appropriate court of jurisdiction; 6. parties further agree that in the proceedings pending between them in india and south africa, adjournments will be sought jointly to ensure that mediation proceedings are not hampered. no further pleadings will be filed. this is with a view to ensure that allegations and counter allegations may not stand in the way of an ..... that should the petitioner visit india, there is a strong likelihood of the petitioner and his parents being harassed. mr. jauhar assures and undertakes to the court that till the mediation proceedings are pending, should the petitioner enter india, the matter would not be precipitated and no steps would be taken for his arrest and he submits that the proceedings arising .....Tag this Judgment!
Court : Delhi
..... issues, the same shall be reduced to writing and signed by the parties or their constituted attorney; the agreement so signed shall be submitted to the mediator/conciliation who shall, with a covering letter signed by him, forward the same to the court in which the suit or proceeding is pending. there ..... court in sh. abdul saliq khan vs. shri nahid khan and others delivered on 25.02.2011 in rsa no. 30/2011 while dealing with the mediation and conciliation rules, 2004 in this context had noted as under:-a cojoint reading of rule 24 (b) and 25 (a) shows that where an ..... had also signed this settlement; their respective counsel were also signatories to this settlement. in view of this aforenoted settlement which was arrived at before the mediator mr. sudhir kumar jain, the parties in terms of para 2 of the settlement had agreed to withdraw certain cases and to get other compounded; details ..... 1 shall pay a total sum of `15 lacs to krishan mohan tyal in full and final settlement of all their disputes. admittedly this mediation settlement arrived at before the mediation mr. sudhir kumar jain, was signed by the attorney of the plaintiff and defendant no. 1, as also by their counsel. the matter ..... parties.2. this is the grievance of the present petitioner. respondent is also present in person. record shows that on 07.06.2008, a mediation settlement had been arrived at between the parties; the attorney of the plaintiff krishan mohan tyal had signed this settlement; there is no dispute to this .....Tag this Judgment!
Court : Chennai
..... file of the respondent police. for petitioner : mr.k.m.elango for respondent : mr.r.prathapkumar government advocate (crl.side) order this criminal original petition was referred for mediation to the tamil nadu mediation and conciliation centre, high court of madras, by the order of this court, dated 19.3.2013.2. a communication, dated 22.8.2013, of the tamil nadu ..... sent back to the hon'ble court.".3. as the parties have arrived at a settlement in terms of the mediation agreement, dated 12.7.2013, this petition is listed for passing orders in terms of the said mediation agreement.4. the mediation agreement, dated 12.7.2013, signed by the parties and the counsel appearing for the petitioner, reads as follows:- ".both ..... conciliation centre, high court of madras, this petition is disposed of, recording the terms of the mediation agreement, dated 12.7.2013. the terms of the mediation agreement, dated 12.7.2013 and the mediation report, dated 12.7.2013, of the mediation centre, shall form part of the order. 30.8.2013 index : yes/no internet : yes/no lan to: the inspector of ..... mediation and conciliation centre, high court of madras, enclosing a copy of its mediation report, dated 12.7.2013, has been received, and in the said mediation report, it is stated as follows:- ".both the petitioner and defacto commplainant present. respondent police present. parties arrived .....Tag this Judgment!
Court : US Supreme Court
..... of the general steam railroad system of transportation now or hereafter operated by any other motive power. the interstate commerce commission is hereby authorized and directed, upon request of the mediation board, or upon complaint of any party interested, to determine, after hearing, whether any line operated by electric power falls within the terms of this proviso." after due ..... 22, 1913. [ footnote 1 ] the chicago south shore & south bend railroad is an interstate electric railway subject to the interstate commerce act. on august 9, 1934, the national mediation board requested the commission to determine whether that carrier fell within the exemption from the scope of the railway labor act, as amended june 21, 1934, 48 stat. 1185, c ..... interurban, or suburban electric railway not operating as a part of a general steam railroad system of transportation, etc., and directs the interstate commerce commission, upon request of the mediation board or upon complaint of any party interested, to determine after hearing whether any line operated by electric power falls within the proviso. held: 1. that a decision of ..... 303 u.s. 596 appeal from the district court of the united states for the northern district of indiana syllabus the railway labor act confers upon the national mediation board certain duties respecting mediation or arbitration of labor controversies on railroad carriers subject to the interstate commerce act, with the proviso that the term "carrier" shall not include any street, .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(5)ALD764; 2000(5)ALT759
..... the time for performance. his specific plea was that only after those two endorsements he made an attempt to get the dispute resolved through mediators and mediation was effected on 19-4-1979. the first two endorsements made on ex.a2 agreement could not have been made by the first defendant ..... 5-1979 is inherently improbable. above all, when there was a settlement and both parties agreed for the course suggested by the mediators and having regard to the earlier transactions between the plaintiff and the first defendant when the plaintiff without actual payment as alleged by the first ..... when the plaintiff wanted the third endorsement to be made on 23-5-1979 extending time in ordinary course the defendant would have approached the mediators seeking extension of time. therefore, the plea that since the first defendant could not pay that amount he made the third endorsement on 23- ..... part of the plaintiff and the first defendant in ordinary course would have protested against the said attitude of the plaintiff and the so-called mediation could have preceded these two endorsements. the plea of the first defendant that he was under pressure and victim of the circumstances again in ..... the evidence. the learned counsel further contends that ex.a2(c) endorsement on ex.a2 agreement of sale was obviously subsequent to the so-called mediation and therefore, the entire version of the defendants is false. on the other hand, the learned counsel appearing for thecontesting respondents sri p.s. .....Tag this Judgment!