Court : Karnataka
Decided on : Feb-19-2008
Reported in : ILR2008KAR4055
..... rules with such modifications as they may deem it fit. the karnataka high court in turn has framed (1) the civil procedure (alternative dispute resolution karnataka) rules, 2005; karnataka civil procedure code (mediation) rules, 2005; civil procedure (amendment karnataka) rules, 2005 and karnataka (cash flow management in subordinate courts) rules, 2005.26. now if the aforesaid rules are implemented in letter and spirit ..... be given to section 89 of the code. the said committee submitted its report and along with the same submitted model rules for approval in respect of alternative dispute resolution, mediation, amendment to the code as well as cash flow management in subordinate courts. the supreme court approved the same and required the high courts in the country to adopt the ..... out whether the suit could be settled in any one of the alternative dispute resolution mechanism provided under the said section, namely arbitration, conciliation, judicial settlement including lok adalath or mediation. in the event of the suit being not settled in the foresaid four modes then the court has to embark upon a trial. strictly speaking the hearing of the suit ..... any one of the modes of settlement; and accordingly issue appropriate directions.(4) while referring the matter to lok adalath or mediation, the court shall fix the date of trial beyond 60 days, making it clear that if the mediation or lok adalath fails, the trial would begin on the said date and that it will go on day to day.(5 .....Tag this Judgment!
Court : Delhi
Decided on : Feb-13-2008
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 : Kerala
Decided on : Apr-10-2008
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 : Andhra Pradesh
Decided on : Sep-17-2008
Reported in : 2009(2)ALT644
..... relatives. they got equal interest in the plaintiff's averments. therefore, their own version is to be believed. ex.a-3 shows that there was a mediation in between the parties, and that the defendant agreed to give some properties, and therefore, the plaintiffs have brought stamp papers expecting that they would get ..... there is any other evidence on the part of the plaintiffs. the other witnesses of the plaintiffs, p.ws.2 to 5, speak of the mediation between the plaintiffs and the defendant, which is much subsequent to the death of parents of the parties as well as the death of eswararao as ..... the present suit after a long gap of 20 years and when they are ousted from the alleged joint family property?2. whether plaintiffs have proved mediation as alleged?3. whether the finding of the trial court in rejecting wills exs.b-3 and b-4 is justified?4. whether the suit schedule ..... 2nd plaintiff, who has intentionally disowned his signature on ex.b-3, will and his own brother p.w.4 also speaks about the mediation as one of the mediators. the statements of p.ws.4 and 5 are therefore interested testimonies and the trial court committed an error in believing the same. the ..... allegation that all the suit schedule properties are joint family properties and that the plaintiffs are not given any share in spite of the agreement in the mediation between plaintiffs and the defendant, they wanted to separate from the joint family; that the plaintiffs claim that they have given a legal notice, ex.a .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-09-2008
Reported in : 2008(2)ALD(Cri)332; 2008(3)ALT(Cri)63; 2008CriLJ4092
..... him over medical check up and not over any demand for dowry. it is highly improbable and hard to believe that there would have been any occasion for mediation by elders including two practising advocates if the dispute was only regarding taking p.w. 1 by p.w. 2 for medical check up. the finding of the ..... of chowdepally were present at the time of mediation and accused refused to receive p.w. 1 unless the amount was paid as demanded and hence the panchayat failed. there is absolutely no reason to reject the ..... in the presence of his senior sri nagaraju and others. p.w. 4's evidence further corroborates the evidence of p.ws. 1 to 3 regarding failure of mediation when a-1 again demanded payment of rs. 2 lakhs for second time. p.w. 4 categorically stated that himself and his senior sri nagaraju and other villagers ..... after keeping quiet for some time, a-1 resumed his demand and harassment again, seeking payment of rs. 2 lakhs. the evidence on record further establish that the mediation attempted by p.w. 2 in the presence of pws. 3, 4 and others failed as a-1 was adamant and insisted upon payment of rs. 2 ..... she was necked out of the house by a-1. it is further alleged that p.ws. 1 to 3 again approached the accused to settle the dispute through mediation in the presence of the elders, including p.w. 4 and nagaraju, who all advised a-1 to receive p.w. 1 back, but the accused refused .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-16-2008
Reported in : 2008(13)SCALE484
..... suit 321/2007 pending before civil judge, hapur, u.p. stand withdrawn.2. orders be sent to the respective courts. parties are directed to appear before the delhi high court mediation centre for counselling on 4.12.2008.3. in view of the aforesaid agreement, the petition is disposed of on the terms as set out above. the proceedings as noted ..... for transfer of a case, the matter was directed to be listed at the supreme court lok adalat which was held on 6th september, 2008. with the assistance of the mediators, the parties were heard and following terms for settling the disputes were arrived at:1. parties have agreed to withdraw their respective complaints and suits.2. parties have been living ..... together since 1.7.2008.3. parties agree that they need counselling to avoid violence which will be provided by delhi high court mediation centre. they agree to appear before the delhi high court mediation centre on a date fixed by this hon'ble court.4. in order that parties have more confidence in each other, the parties desire that .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-18-2008
Reported in : 144CompCas454(AP); (2008)4CompLJ360(AP); 90SCL39(AP)
..... chronology of events referred to hereinabove in brief would show that walnut gave three notices - in 2001, 2003 and 2004 - even while exploring possibilities to get money by way of mediation and negotiations. walnut even went to extent of retaining unused material informing second respondent that material would be returned only on payment of amount. all these practices were intended only ..... material and claimed lien over it. immediately, walnut sent notice under section 434 of the act. brewing of dispute commenced with this. after issue of notice, admittedly, there was unsuccessful mediation and parleys between parties for an agreed settlement in vain.11. walnut returned material but still money was not coming. at one stage, walnut was asked to accept the payment ..... reply thereto subsidiary company requested walnut to return balance material. request for return of unprocessed pulp board was refused claiming lien for non-payment.2. in may 2002, there was mediation between walnut and subsidiary company before an advocate of second respondent. it was agreed that subsidiary company would pay walnut after return of pulp board. petitioner returned material on 04 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-02-2008
Reported in : 2008(6)ALD13
..... that it should go to the son who would look after their father during his lifetime, the first appellate court did not commit any error in disbelieving that theory because mediation spoken to by pw.1 during his evidence, is not even whispered either in the plaint or in the rejoinder and as it is well known that no amount of ..... which are not taken in the pleadings. in order to explain the possession of exs.a.19 and a.20 only plaintiff seems to have pitched upon a theory of mediation whereat those documents are allegedly handed over by the 1st defendant to the plaintiff. in fact no document is produced to establish that any ..... mediation, as spoken to by p.w.1, took place.20. so the explanation given by the 1st defendant that at the time of taking loan from a relative of the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-25-2008
Reported in : AIR2009AP98
..... place where she was carrying on rice business which the appellant refused and thereafter the mother-in-law did not send the first respondent to the appellant. several efforts of mediation among the parties failed and as such the appellant alleged that the first respondent has deserted him from december, 1979 for no fault of his. he gave a legal notice .....Tag this Judgment!
Court : Jharkhand
Decided on : Jul-29-2008
Reported in : 2008(57)BLJR49; [2008(4)JCR12(Jhr)]
..... decision of the permanent lok adalat is final and binding on parties. whereas on the one hand, keeping in view the parliamentary intent, settlement of all disputes through negotiation, conciliation, mediation, lok adalat and judicial settlement are required to be encouraged, it is equally well settled that where the jurisdiction of a court is sought to be taken away, the statutory .....Tag this Judgment!