Court : Kerala
Decided on : Oct-11-2006
Reported in : 2007(1)ARBLR405(Kerala); 2007(1)KLT196
..... adr available. it would be artificial to read into the section any distinction between method (a) relating to arbitration and the other three methods of conciliation, judicial settlement and mediation. the language of section 89(1) treats all the four dispute resolution mechanisms identically. except the traditional notion of arbitration being adjudication by a private judge - and i ..... parties amicably. malimath committee recommended to make it obligatory for the court to refer the dispute, after issues are framed, for settlement either by way of arbitration, conciliation, mediation, judicial settlement or through lok adalat. it is only when the parties fail to get their disputes settled through any of the alternate dispute resolution method that the suit ..... , submits the learned counsel.21. sri. ramesh chander thirdly contends that even assuming thatthe civil court has the power to refer the parties to conciliation,judicial settlement or mediation without their consent, such a power to refer the parties to arbitration without their consent cannot be assumed. by its very nature, the method of dispute resolution by ..... the court may reformulate the terms of a possible settlement and refer the same for -(a) arbitration;(b) conciliation;(c) judicial settlement including settlement thorough 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 : Andhra Pradesh
Decided on : Feb-22-2006
Reported in : 2006(5)ALD834
..... any criminal case, to see whether the witnesses were independent. by the very nature of the things, it is only the acquainted and closely related persons that would act as mediators and not those, who are unconnected, or inimically disposed.9. it is not as if the suit was pending for years together, on account of non-cooperation of the petitioners ..... the petitioners, in submitting the application under order ix rule 13 c.p.c. with a delay of 269 days, was that the dispute between them and the respondent was mediated by several well-wishers, and there existed an understanding that the parties shall not proceed with the suit, till the matter is settled. to substantiate their contention, the petitioners deposed ..... petitioners pleaded that soon after they received summons in the suit, they engaged an advocate and in the meanwhile, the well-wishers of both the parties have advised for mediation. they allege that mediation has taken place, and both the parties were advised not to proceed with the suit, till the matter is settled; and despite the same, the respondent proceeded with ..... court dismissed the ia.5. sri m vidya sugar, the learned counsel for the petitioners, submits that the petitioners as well as the mediators were examined before the trial court and though it was clearly established that the mediation has taken place between the parties, the trial court did not believe the same and dismissed the i.a., by taking hypertecnnical view .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-11-2006
Reported in : AIR2006SC2659; 2006CriLJ3640; JT2006(6)SC308; 2006(7)SCALE24; (2006)7SCC391
..... of offence punishable under section 302 read with section 34 ipc. before the high court it was pleaded that the incident had occurred all of a sudden without any pre-mediation over a very trivial issue and some misunderstanding of the appellant, other accused persons and the complainant madhu singh and his father mal singh. during the course of verbal altercation ..... for the appellant submitted that the background facts projected by the prosecution clearly show that the assault was given in the course of a sudden quarrel. there was no pre-mediation and the accused did not take advantage and had also not acted in a cruel manner. only one blow by lathi was allegedly given by picking up a lathi. prior .....Tag this Judgment!
Court : Orissa
Decided on : Apr-07-2006
Reported in : 102(2006)CLT203; 2006(I)OLR777
..... and ill-treatment on her by the husband and the in-laws constituting the offence under section 498-a/34, i.p.c. it is further alleged that with the mediation of the present petitioner, marriage of ashok kumar sahoo was performed with accused puspita mallik constituting the offence under section 494, j.p.c. and petitioner and the parents of .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-27-2006
Reported in : ILR2006KAR4032; 2007(1)KarLJ67
..... the committee agreeing with the law commission recommended to provide for settlement of disputes outside the court at any stage of the proceedings by means of judicial settlement, arbitration, conciliation, mediation or through lok adalat and it is only after the party fails to get the dispute settled through any one of the alternative dispute resolution method, the suit shall proceed .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-29-2006
Reported in : AIR2006SC3304; 2006(6)ALD36(SC); 2007(1)ALLMR(SC)402; (2007)1GLR594; JT2006(8)SC393; 2006(33)PTC281(SC); 2006(8)SCALE631; (2006)8SCC726
..... and property held by them so as to enable them to be in peace, harmony and understanding in the family. the said settlement was arrived at through the mechanism of mediation of the well- wishers of the family. mou was, thus, entered into for the purpose of distribution of the properties and business and the same was given effect to on .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-21-2006
Reported in : 2007(1)CHN392
..... document in writing is annexure 'b' hereto.4. as a part or process of the said mediation proceedings, all the groups sold their shares in the said two companies namely selimbong tea co. ltd. and seeyok tea co. ltd. and deposited the ..... plaintiffs' case appears from paragraphs 3, 4, 5, 6 and 7 of the plaint, which are reproduced below:3. in order to facilitate the mediation process, a memorandum of settlement was signed by or on behalf of the plaintiffs and the proforma defendant nos. 7 to 19, copy of the said ..... at the instance of the first defendant, on the latter's representation that the partnership firm was under his management and control. in pursuance of such mediation process, the plaintiffs and the proforma defendants had sold their respective holdings in two companies, being selimbong tea co. ltd. and seeyok tea co. ..... the case of the plaintiffs is that there was a dispute among the family members and the first defendant was entrusted with the duty to mediate and settle the dispute. the decision of the disputing groups was expressed in a memorandum of understanding signed by almost all the plaintiffs and proforma ..... proceeds with the second defendant. this deposit as has been pleaded in the plaint was made with the understanding that on conclusion of the mediation, and in the event the mediation process failed, the money so deposited would be refunded with a specified rate of interest. in the memorandum of understanding, the plaintiff nos. .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-28-2006
Reported in : 2007(4)ALT52
..... .4 is yet another witness in whose presence it was stated that the mediation for realization of crop of 1983-84 had taken place. this witness was examined with a view to strengthen and probablise the stand taken by the plaintiff as p.w ..... perform the obsequies of the mother of the defendant and that the plaintiff was amply rewarded for litting of funeral pyre by the defendant. it is also stated that no mediation at any point of time took place as alleged in the plaint and that the defendant was not aware of the alleged gift deed dated 9.8.1954 and hence ..... according to law. there is no agreement or arrangement with the defendant to enjoy the property till the death of her mother as alleged in the plaint. the said alleged mediators nerusu bhavanarayana, the father of the plaintiff and gottumukkala seetharamaswamy were alive and that the said seetharamaswamy is inimical to the defendant for several years and were not even in ..... p.w.1, the plaintiff and p.w.2 who was one of the elders in whose presence the mediation after the death of the mother of the defendant said to have taken place and p.w.3 another mediator in whose presence the mediation at the time of death of achayya is said to have taken place had been examined. p.w .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-13-2006
Reported in : 2007(2)BomCR883
..... meditative techniques in attempting to resolve the grievance of the workers. fact finding and adjudication are but one facet, an important facet nonetheless, of the judicial process. the use of mediation and conciliation can be effective even in class action or in public interest litigation. this case demonstrates the efficacy of a recourse to mediatormechanisms to provide relief to a section ..... of the society in the context of a grievance relating to the deprivation of socio-economic rights. there is legislative recognition in india of the importance of conciliation and mediation, section 89 of the code of civil procedure, 1908, being the most recent addition to legislative standards on the subject. recourse to ..... mediation and conciliation can gainfully be pursued beyond its traditional applications to private disputes of a civil or commercial nature. as this case would demonstrate, matters involving public interest and the .....Tag this Judgment!
Court : Delhi
Decided on : Oct-10-2006
Reported in : 133(2006)DLT643; II(2006)DMC659; 2006(92)DRJ214
..... connaught place and later on at buddha jayanthi park. the appellant states that he visited k.l. gosain's place when there was a matrimonial dispute between the parties for mediation. the mediation was attended by the k.l. gosain, the appellant, his father and shri darshan lal. it was alleged that the couple did not stay together after the said ..... that pw2, who spoke in support of the allegation, admitted that he saw nothing wrong between the respondent and k.l. gosain. the husband had stated that shri gosain tried mediating when there were marital discords between the couple and the trial court held that it was strange to that if the husband knew about the alleged affair then he would ..... mediation/meeting. it was also alleged that after diwali the respondent did not visit the appellant, and that she went alone to attend the her younger sister's marriage. a week .....Tag this Judgment!