Court : South Africa Supreme Court of Appeal
..... the requirements and procedures for negotiated contracts and their conversion to tendered contracts. gabs argued that reg 2, which deals with negotiated contracts, provides for referrals of disputes to mediation and arbitration under s 41 as well.  regulation 2 as a whole (with the exception of reg 2(4)) deals with the process of negotiating contracts where ..... the potential for conflict was considerable. if any of those parties could demand mediation or arbitration in respect of any disagreement over a term, the objects of the nlta could be defeated.  constant referrals of disputes over contractual terms, the city ..... negotiation of s 41 contracts with vehicle operators. apart from the obvious consideration that contracting parties may not wish to have the terms of their contracts facilitated by a mediator or determined by an arbitrator, the city argued that because of the complexity of the iptn and the negotiations with several different operators with different and competing interests, ..... it in good faith and reasonably in relation to the disputed issues, and interdicting the city from concluding a contract with either of the third or fourth respondents pending either mediation and possibly arbitration, or the finalization of good faith negotiations and compliance with the citys statutory obligations.  the western cape high court (griesel j) dismissed the .....Tag this Judgment!
Court : Karnataka
..... the disputes amongst the litigants by having recourse to alternative dispute resolution processes, more particularly the matrimonial dispute(s), by referring them to mediation centre(s). in view of the foregoing, family court having committed the breach, the impugned order being illegal, is quashed. the family court shall refer m.c.no.1163/ ..... . 25. the number of litigations being on rise, for small and trivial matters, people approach the courts. the judicial system is overburdened, causing delay in adjudication of the disputes. mediation centres, arbitration and conciliation centres, were opened, by keeping ir view s.89 of cpc, to ease the burden of the courts, tamest efforts have to be made to resolve ..... particularly s.9, which casts a duty to assist and persuade the parties to arrive at a settlement by referring them to alternative dispute resolution processes of conciliation and / or mediation. the family court judge has not shown a human approach which he is expected to have while dealing with the matrimonial dispute, since, the marriage is an institution of great ..... the court should be to restore peace amongst the parties. ?? to achieve the said object, the court should encourage and persuade the parties to reconcile, by referring them 10 conciliation / mediation. instead, the observations made in the impugned order, extracted in para 2 supra, would push the parties further into conflict and litigate in the matter. in matrimonial cases, only as .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1994(2)ALT1
..... launch by the 1st defendant. therefore, it follows that the dispute, if any, that could have been raised on behalf of the plaintiff before the mediator or mediators could have been only as regards the payment of rent by the 1st defendant for the 3 months of may, june and july, 1975. the ..... works, p.w.d, dowlaishwaram and thereby disentitled themselves to claim any amount and that suppressing the said facts the suits were filed. as regards mediation, the 1st defendant stated in his written statements that it was false that the plaintiff came to know that he removed certain parts of the launch ..... launch body of the plaintiff at dowlaishwaram. the plaintiff came to know about this recently and got the first defendant disputed by her husband before mediators sri vulavala narayanarao and sri konatala narayanaswamy for giving back the launch with all its engine parts etc., in tact and also to pay the ..... in august, 1980. p-w.4 worked as boat superintendent at dowlaishwaram from november, 1974 to february, 1977. p.w.5 was one of the 'mediators' examined. p.w.6 was the advocate-commissioner appointed by the learned subordinate judge in i.a.no. 458 of, 1976 preferred by the plaintiff, who ..... what remained of it at dowlaishwaram. after the plaintiff came to know about the same through her husband, she got the matter raised before two mediators by name vulavala narayana rao and konatala narayanaswamy for making the 1st defendant return the suit launch with all its engine parts etc., intact and to .....Tag this Judgment!
Court : Chennai
Reported in : AIR1987Mad129; (1987)IIMLJ351
..... the purpose of this case. the lower court has given cogent and convincing reasons for rejecting the evidence of d.ws.1 to 3 with reference to mediation as unsatisfactory and unacceptable. 29. in order to show that only subsequent to the said family arrangement mutation in respect of the house at rajagiri was ..... 1, he would have written a letter to the concerned panchayat board to that effect, but there was no necessity for him to have mentioned about the mediation, settlement and other things. under this, it is stated that the settlement deed dated 24-12-1968 was not acted upon and it was not accepted by ..... the appellant he gave instructions for the preparation of the written statement and at that time, he knew the date, month and the year of the said mediation. if it is so, there is absolutely no reason as to why the date and month were not specifically mentioned in the written statement. it is ..... as per exhibit a-1 she got the said properties. in these circumstances, the irresistible conclusion that can be arrived at is that the allegation that there was mediation is false. p.- w. i would stoutly deny any such arrangement. according to her, from the date of the settlement deed, she is in possession ..... said arrangement in her notice under ex. a. 25. when d. w. 3 states in his evidence that he was one of the mediators and in the said mediation the entire house at rajagiri was given to the first respondent and the entire lands at vadakkumangudi were given to the appellant and from the date .....Tag this Judgment!
Court : Mumbai
..... and 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 between ..... 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 adjourned ..... should put an end to the conciliation process, the court itself is not powerless to extend the date for continuing the conciliation proceedings depending on the progress being made in mediation/conciliation. 12. section 151 cpc saving inherent powers of court would be the more appropriate provision for a court to rely upon in such matters when a suit is referred ..... was adjourned to 2 november 2012, so that the court would be apprised of the progress in the meantime. parties also agreed to bear the fees and expenses of the mediator in equal proportion. we are informed that the learned single judge, hearing arbitration application, has been adjourning hearing of the said application from time to time and that by order .....Tag this Judgment!
Court : Delhi
Reported in : 2008(1)ARBLR579(Delhi); 148(2008)DLT262; 2008(101)DRJ710
..... court that the cause of action for seeking appointment of an arbitrator arose to the petitioner only when the disputes could not be resolved through mediation or other alternative dispute resolution mechanism provided in the agreement. hence, this court does not find any merit in the contention on the point ..... the contract. in the opinion of this court the cause of action for appointment of arbitrator has arisen in favor of the petitioner when the mediation did not work out as a result of withdrawal by the respondent on 30.6.2006. in case the limitation for filing of the present ..... case it was not possible for the representatives of the parties to resolve the dispute, the aggrieved party could demand appointment of a mediator for one day mediation which was agreed to be appointed within thirty days of such demand. further perusal of clause 9.3 would show that no time ..... ) days after the one day mediation, either party may begin arbitration proceedings.9.3.2 any disputes submitted for arbitration in accordance with the provisions of sub-clause 9.3.1 ..... written demand for formal dispute resolution. within thirty (30) days after such written notification, the parties agree to meet for one day with an impartial mediator and consider dispute resolution alternatives other than by way of arbitration.b) if an alternative method of dispute resolution is not agreed upon within thirty (30 .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(3)BomCR587; 2009(111)BomLR2048
..... wearing different hats from time to time. according to respondent no. 2, he had indicated that he would prefer to resolve the disputes between the parties as a mediator. a mediator is a term having distinct with connotation and distinct functions and obligations to that of an arbitrator. an arbitrator is primarily a tribunal to resolve the dispute by adjudicative ..... conciliator can suggest some terms of settlements too.' attempts made by respondent no. 2 were actually for resolving the disputes between the parties by recourse to the process of mediation rather than by adjudication process. he talked to the parties individually, putforth proposal of one party to the other and tried to bring up a commonly acceptable solution to ..... the approach of mediator is to encourage mutual agreement rather than to impose a settlement. it is not simplicitor a remedy but a system having appropriate of dispute resolution. one must remember that ..... a neutral person facilitates discussions between the parties in an attempt to get the parties to reach an agreement that is mutually agreeable to both the parties. in short mediation is a method to dissolve disagreement designed to help disputing parties resolve their own dispute even without obtaining legal counsel. it is a nonadversarial approach to conflict resolution and .....Tag this Judgment!
Court : Kerala
Reported in : 2008(2)KLJ508; 2008(3)KLT233
..... fighting mood. one case settled thus would avoid minimum ten cases in future. mediation is a process in which a neutral third party assists the disputing parties to resolve their disputes without going to trial. it presents an opportunity for dispute resolution with involvement ..... some of the defendants.10. satisfaction of the plaintiff is the most vital aspect in a compromise or settlement. mediation or conciliation or both together, compared to other adr methods, would produce better results, since by those processes reconciliation is achieved and the parties are no more in a ..... all the parties to the suit may not be possible in view of the passage of time, number of parties and their distanced relationship. however, in the conciliation-cum-mediation it came out that without affecting the interests of those defendants who are benefited by the preliminary decree and who have not filed appeals, the plaintiffs could be satisfied by ..... parties, 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 proceedings .....Tag this Judgment!
Court : Chennai
Reported in : AIR1957Mad100
..... that the lands of the family in narasingam-pettai and other lands taken on lease by them were not put in the possession of the mediators, in this mediation a strenuous attempt was made to draw up lists of the assets of the family. d. w. 3 krishnas-awmi ayyangar collected data with ..... the learned subordinate judge was constrained to agree. no doubt, the idea of settling matters by administering oaths appears to have been entertained at the mediation : see paragraph 34 of his judgment.in the face of the large volume of evidence about this taking of oaths which could not be a ..... 17 but i cannot say even approximately how long prior to ex. a-17 this arrangement took place. the arrangement was come to in the presence of mediator narayanaswami padayachi. he and krishnaswami ayyangar alone know about it'. .this narayanaswami padayachi referred to is not a witness. as reagrds krishnaswami ayyangar examined as ..... deed written in 1938 by d. w. 10. but this draft did not result in a partition deed being executed. in 1939 the parties sought a mediation by an influential ryot of tirukkodikaval by name narayanasami padayachi, krishnaswami ay-yangar, examined as d. w. 3, and one doraisami. padayachi. to these three ..... an extra share as the eldest son, which the other brothers were unwilling to concede.in the same year there was another attempt at partition by the mediation of panchapakesa ayyar, the karnam of tuhili, doraisami mudaliar and tuhili / muthiah pillai. exs. b-6 to rule 10 and a-8 relate to .....Tag this Judgment!
Court : Delhi
..... . there is no variation of any of the other terms and conditions of the mediation agreement dated 4th april, 2014. it is agreed by the respondent present before us that quashing of fir would be effected only after he has ..... no impediment for the completion of the requisite proceedings thereon in accordance with law. 21. before us, the respondent has stated that he abides by the mediation agreement dated 4th april, 2014 on all material terms other than variation in the manner of payment of the balance amount agreed to be paid by him ..... divorce by mutual consent. 16. in his statement recorded by us on 29th april, 2016, the appellant has also stood by all terms of the mediation agreement dated 4th april, 2014 with certain modifications only in the manner of the payment of the balance sum thereunder. we set down hereunder the schedule on ..... in a position to pay the balance sum of rs. 2,65,000/- which he was liable to pay to the appellant in terms of the mediation settlement dated 4th april, 2014 and for this reason, had made a false allegation that the appellant had played fraud with him and misappropriated the amount ..... of having married the appellant in accordance with hindu rites and ceremonies or any of the other averments contained in the petition including the terms of the mediation settlement. 12. in view of the statement of the respondent-husband and the withdrawal of his consent, the family court dismissed the petition for the .....Tag this Judgment!