Court : Orissa
Decided on : May-12-2000
Reported in : 90(2000)CLT206; (2000)IILLJ1023Ori; 2000(I)OLR662
..... popularise the resolution of domestic and international commercial disputes by different modes of alternative dispute resolutions and to establish facilities and provide administrative and other support services for holding conciliation, mediation and arbitration proceedings. therefore, the contention of sri ratho that since the disputes between the management and the employees' union can be dealt with by resorting to the procedure available ..... supplant but supplemental to the existence of specified fora contemplated under different statutes. greater emphasis has now been laid to resolve disputes-domestic as well as international- by holding conciliation, mediation and other procedures. as a matter of fact, keeping in view the international centre for alternative dispute resolution, the ministry of law, justice and company affairs, government of india, has .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-19-2000
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!
Court : Andhra Pradesh
Decided on : Jul-17-2000
Reported in : 2000(5)ALD111; 2000(5)ALT73
..... -90 paise and payment of cash of rs.5,000-00 to defendants 1 to 5. the aforementioned evidence was supported by the evidence of mediators and documents exs.a14 to a18. from the facts and circumstances and the close relationship between the parties, it is not unnatural that the agreement ..... plaintiff into possession in pursuance of the agreement of sale. this admission by the 1st defendant coupled with the evidence of pw3 and pw4 who are mediators, assumes significance in establishing the case of the plaintiff. a clear admission is a substantive evidence even though the party is not confronted with the ..... 1973. dw3 to dw6 are defendants 6 to 8. their evidence only speaks of their purchasing the property and does not throw any light on the mediation resulting in oral agreement of sale that took place at vijayawada.13. on an overall appreciation of the entire evidence on record, there is consistency ..... of rs.2,124-90 and payment of cash of rs.5,000-00 todefendants 1 to 5 and the agreement took place in the presence of mediators kommana surya prakasa rao (pw3), m. sivaramabrahmam (pw4), surapaneni kitumbayya, katragadda kulumba rao and v. v. krishna rao. he further deposed that he ..... the plaintiff to make a further payment of rs.5,000-00. in the first week of january, 1973 the plaintiff approached defendants 1 to 5 through mediators viz., kommana surya prakasa rao, moturi sivaramabrahamam, surapaneni kulimbaya, katragadda kutumba rao and v. v. krishna rao. the 5th defendant was a minor by .....Tag this Judgment!
Court : Kolkata
Decided on : May-18-2000
Reported in : (2000)3CALLT177(HC),2000(2)CHN250
..... goes through the text of the award one sees that rather than stating that it was passed on agreement between the parties or was by way of a settlement through mediation, it clearly suggests and says that the parties contested with each oiher and as a result of the contest the arbitrators have given their own award.16. on both the ..... is reproduced as under :'and whereas parties being desirous of having the disputes and differences resolved, agreed to refer the matter for my mediation and settlement by way of an arrangement, not being an award of an arbitrator, but having binding effect as such morally or otherwise on all parties.'3. in the same ..... was executed between the parlies on 24th june, 1996 whereby sri s. s. jain was nominated as the person to resolve the disputes and differences between the parties for his mediation and settlement by way of arrangement, not being an award of an arbitrator, but having binding effect as such morally or otherwise on all parties. this part of the agreement ..... bad, illegal or unwarranted. his further submission is that in any case the parties chose these two arbitrators for settlement of their disputes through mediation in terms of section 30 of the act and strictly speaking, mediation under section 30 not being an arbitration award, strlck rules regarding the composition and constitution of an arbitral tribunal comprising of an odd number of .....Tag this Judgment!
Court : Delhi
Decided on : Apr-24-2000
Reported in : 2000(55)DRJ681; [2000(86)FLR705]; (2000)IILLJ436Del
..... be there. this injunction is further subject to the condition that the plaintiff shall cooperate and join in any lawful proceedings for settlement of the dispute by way of conciliation, mediation, arbitration or through court as provided under the act. 39. parties are also directed to appear before the conciliation officer, delhi administration and join in the proceedings for conciliation if ..... committee to promote measures for securing and preserving amity and good relations between the employer and workmen. section 4 provides for appointment of conciliation officers charged with the duty of mediation. section 5 provides for the constitution of boards of conciliation. section 6 provides for constitution of courts of inquiry charged with the duty of ..... mediation in and providing for the settlement of industrial disputes and for enquiring into any matter appearing to be connected with or relevant to an industrial dispute respectively. sections 12, 13, .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-19-2000
Reported in : 2001BomCR(Cri)227; (2001)3BOMLR251; 2001(1)MhLj307
..... the applicant were not able to give the gold and money, as demanded by the opponent and his parents, the opponent was disappointed and started assaulting the applicant. attempts of mediation were made frequently. however, there was hardly any success. the ill-treatment of the applicant continued. thereafter, the case of the applicant is that, by using force, the opponent obtained ..... the case of the opponent that every time she ran away to her parents' place, he had brought her back and tried to make compromise . with the help of the mediator bhausaheb pawar and vithal nagare. he has further averred that he is working as an agricultural labourer while theapplicant's mother owned a landed property at village saspade. it is .....Tag this Judgment!
Court : Chennai
Decided on : Feb-01-2000
Reported in : 2000(2)CTC184
..... ex.a.2 the very defendants in the suit who are also closely related to the plaintiff had subsequently got a settlement on 10.4.1980 pursuant toa panchayat or mediation. under ex.a.16 dated 10.4.1980 the plaintiff had settled one of the items of the property covered by ex.a.2 which is of the value of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-29-2000
..... by negative implication. see, e. g., united states v. fausto, 484 u. s. 439 , 452 (1988); block v. community nutrition institute, 467 u. s. 340 , 351 (1984); switchmen v. national mediation bd., 320 u. s. 297 , 305-306 (1943). 35 our opinion in ringer was equally silent on the meaning of 1395ii, this time assuming in passing that it operates as .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-29-2000
Reported in : (2000)102BOMLR290
..... in question clearly turns out to be a family arrangement with regard to what has been agreed to by and between the parties, as a result of efforts of the mediators. that being the position, it would not be a document of any other nature and, therefore, there is no question of other articles being attracted.11. we may make it ..... but mere record of fact which has taken place between the parties with the efforts of mediators and settlement of disputes inter se.9. in order to understand what family settlement is, obviously, it being more common in hindu law, authority thereunder is of the supreme court ..... business. as usually happens in such situation there was disagreement and discontent amongst family members and litigation started.4. in view of the settlement arrived at, with the help of mediators, the entire dispute between the parties with regard to the businesses and other properties came to be settled and that is what has been recorded in the document. reference may ..... giving effect to and to implement this agreement.7. that would be a consequence of acting upon of the settlement arrived at between the parties on account of mediation efforts put in by 3 mediators referred to para 17.8. once we note this, it is clear that this agreement is settlement of dispute by way of family arrangement. it is nothing .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-05-2000
Reported in : AIR2000SC2281; JT2000(6)SC349; 2000(4)SCALE451; (2000)6SCC179
..... ) it is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedure at any time during the arbitral proceedings to encourage settlement.(2) if, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the .....Tag this Judgment!