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Judgment Search Results Home > Cases Phrase: mediation Year: 2013 Page 1 of about 8,522 results (0.017 seconds)

Sep 20 2013 (FN)

The Commission for Conciliation, Mediation and Arbitration and Others ...

Court : South Africa Supreme Court of Appeal

Decided on : Sep-20-2013

..... and swain ajja concurring): [1] this appeal is concerned with the constitutionality of rule 25(1)(c) of the rules for the conduct of proceedings before the commission for conciliation, mediation and arbitration (ccma),1a matter that was left open by the constitutional court in 2009.2the subrule limits the right to legal representation in ccma arbitration proceeedings concerning the fairness .....

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Jun 20 2013 (HC)

Chandrakant Phoolchand Sanghvi and Others Vs. Anilkumar Phoolchand San ...

Court : Mumbai

Decided on : Jun-20-2013

..... 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 ..... 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 ..... restraining the petitioners by themselves or by their servants, agents and officers from altering the status quo and acting on the notice dated 28 january 2013; c) pending the mediation, this hon'ble court be pleased to pass an appropriate order, direction or injunction restraining the petitioners by themselves or by their servants, agents and officers from acting upon ..... differences and arrive at a settlement which effectively resolves the dispute between them. the parties are in the process of preparing a draft settlement agreement for consideration during the next mediation session. on 14 january 2013, appeal from order no.275 of 2012 was listed before mr. justice s.c. dharmadhikari. the respondent herein produced the interim report dated .....

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Feb 22 2013 (SC)

K. Srinivas Rao Vs. D.A. Deepa

Court : Supreme Court of India

Decided on : Feb-22-2013

..... of burden of cases on the courts will, however, be merely an incidental benefit and not the reason for sending the parties for mediation. we recognize mediation as an effective method of alternative dispute resolution in matrimonial matters and that is the reason why we want the parties to explore the ..... if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation. this is, obviously, not to dilute the rigour, efficacy and purport of section 498-a of the ipc, but to locate cases where ..... section 498-a of the ipc could be made compoundable, it has not been made compoundable as yet. the courts direct parties to approach mediation centres where offences are compoundable. offence punishable under section 498-a being a non-compoundable offence, such a course is not followed in respect ..... matrimonial dispute can be amicably settled by a family court either by itself or by directing the parties to explore the possibility of settlement through mediation, a complaint under section 498-a of the ipc presents difficulty because the said offence is not compoundable except in the state of andhra ..... -litigation clinic, perhaps the bitterness would not have escalated. things would not have come to such a pass if, at the earliest, somebody had mediated between the two. it is possible that the respondent-wife was desperate to save the marriage. perhaps, in desperation, she lost balance and went .....

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Nov 22 2013 (FN)

Golden Arrow Bus Services (Pty) Ltd. Vs. City of Cape Town and Others

Court : South Africa Supreme Court of Appeal

Decided on : Nov-22-2013

..... 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. [20] 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. [17] 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. [5] the western cape high court (griesel j) dismissed the .....

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Jan 23 2013 (HC)

Anilkumar Phoolchand Sanghvi and Others Vs. Chandrakant Phoolchand San ...

Court : Mumbai

Decided on : Jan-23-2013

..... 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 .....

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Feb 22 2013 (SC)

K. Srinivas Rao Vs. D.A. Deepa

Court : Supreme Court of India

Decided on : Feb-22-2013

..... of burden of cases on the courts will, however, be merely an incidental benefit and not the reason for sending the parties for mediation. we recognize mediation as an effective method of alternative dispute resolution in matrimonial matters and that is the reason why we want the parties to explore the ..... if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation. this is, obviously, not to dilute the rigour, efficacy and purport of section 498-a of the ipc, but to locate cases where ..... section 498-a of the ipc could be made compoundable, it has not been made compoundable as yet. the courts direct parties to approach mediation centres where offences are compoundable. offence punishable under section 498-a being a non-compoundable offence, such a course is not followed in respect ..... matrimonial dispute can be amicably settled by a family court either by itself or by directing the parties to explore the possibility of settlement through mediation, a complaint under section 498- a of the ipc presents difficulty because the said offence is not compoundable except in the state of andhra ..... litigation clinic, perhaps the bitterness would not have escalated. things would not have come to such a pass if, at the earliest, somebody had mediated between the two. it is possible that the respondent-wife was desperate to save the marriage. perhaps, in desperation, she lost balance and went on .....

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Sep 27 2013 (HC)

M.Kumaran Vs. State

Court : Chennai

Decided on : Sep-27-2013

..... demands will be raised at any stage. the 2nd party should repay the amount received from the 1st party with bank interest if she retracts from this mediation agreement.17. both the parties agree to co-operative in all cases without fail as mentioned in this memorandum of understanding. both the parties agree that ..... her against the 1st party as if all the case pending as on today. the 2nd party agrees that if she retracts and goes back from this mediation agreement or failed to give consent for the quash petitions, and the mutual divorce petitions to be filed, the first party is entitled to pursue the ..... nature if filed against each other or against the other party s family members, relatives in any forum, apart from those that are explicitly mentioned in this mediation agreement. whereas, both the parties agree that in view of the settlement in order both agree and undertake not to interfere in their life in future.14 ..... date of hearing of the quash petitions to be filled before the hon ble high court, chennai against the cases mentioned in para-4 of this mediation agreement initiated by the 2nd party against the 1st party and his family members. iv) rs.3 lakhs shall be handed over to the counsel of ..... c.c.no.220 of 2011 on the file of the learned judicial magistrate no.i, erode.2. this criminal 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 26.06.2013.3. a communication, dated 18.09. .....

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Apr 17 2013 (HC)

Registrar General of the High Court of Madras Vs. K.U.Rajasekar

Court : Chennai

Decided on : Apr-17-2013

..... for special leave to appeal (civil) no.19109 of 2009 before the honourable supreme court and the honourable supreme court, dated 23.07.2010, passed the following order: tamil nadu mediation and conciliation centre has reported that the parties have not been able to amicably resolve their dispute. we have heard shri k.u.rajasekar, petitioner, who has appeared in person ..... registrar, tamil nadu information commission, chennai, has among other things stated as follows: the appellant was promptly informed on 24.08.2011 that no opinion can be offered on the mediation proceedings. such information was given in the light of the direction of the hon'ble supreme court of india, in the case of moti ram & another vs. ashok kumar & another ..... hence it is requested to the information sought is also provide the complete exempted from disclosure u/s information/documents 8(1)(b) of the rti act, 2005. of both the mediation reports. ================================================================= 13.also that, the respondent was informed that with reference to his appeal petition dated 30.06.2011 that he can obtain copies of grounds of appeal in cmsa ..... the court of india by order dated respondent stating 07.12.2010 in civil appeal 1095 that she was not of 2008, has held that the starving for money to mediation proceedings are take food. in this totally confidential and way the petitioner personal. the ratio laid down only has not shown by the hon'ble supreme court is willingness. hence .....

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Apr 16 2013 (HC)

Havels India Ltd. Vs. Electrium Sales Ltd.

Court : Delhi

Decided on : Apr-16-2013

..... supply agreement and now cannot claim otherwise.20. the plaintiff has also asserted that this court must not rely upon the communications exchanged between the parties regarding the mediation, stating that the communications were without prejudice and according to the established rules of evidence under section 23 of the indian evidence act, such without prejudice documents could ..... at delhi, the delhi courts would have jurisdiction. with regard to the correspondence and the communication regarding the submission of the plaintiff to the dispute resolution mechanism of mediation and arbitration, it is contended that the entire correspondence, which is sought to be relied upon by the defendant, is without prejudice and further that the submission of ..... the transaction with the defendant covered therein. the submissions of the plaintiff to the mediation followed by managing committee meeting and then arbitration in terms of clauses 14 and 15, would clearly evidence that the plaintiff has submitted to the dispute resolution mechanism ..... this umbrella agreement. the defendant proceeds to refer to the correspondence and communication taken place between itself and the plaintiff and while referring to clause 14 relating to mediation and clause 15 relating to arbitration in the supply agreement, submits that the plaintiff itself has been throughout taking the supply agreement to be the umbrella agreement and .....

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Dec 19 2013 (HC)

G.Lakshmanan Vs. State Rep by Insp.of Police

Court : Chennai

Decided on : Dec-19-2013

..... 2011 on the file of dcb, perambalur, against the petitioner. for petitioner : mr.d.sreenivasan for respondent : mr.k.gandhikumar 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 19.4.2013.2. a communication, dated 3.10.2013, 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 6.9.2013, this petition is listed for passing orders in terms of the said mediation agreement.4. the mediation agreement, dated 6.9.2013, signed by the parties and the counsel appearing for the petitioner and the learned counsel ..... conciliation centre, high court of madras, this petition is disposed of, recording the terms of the mediation agreement, dated 6.9.2013. the terms of the mediation agreement, dated 6.9.2013 and the mediation report, dated 6.9.2013, of the mediation centre, shall form part of the order. 19.12.2013 index : yes/no internet : yes/no lan to:1. state rep ..... mediation and conciliation centre, high court of madras, enclosing a copy of its mediation report, dated 6.9.2013, has been received, and in the said mediation report, it is stated as follows:- ".both the parties appeared before the centre alone with their counsel. matter .....

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