Court : Karnataka
Decided on : Oct-31-2014
..... 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 : Mumbai Aurangabad
Decided on : Oct-01-2014
..... fees act, 1870. 9. the petitioner submits that although suit, in the instant matter, has not been settled before lok adalat, however, settlement has been arrived at in mediation proceedings in pursuance to a reference made by the court compulsorily in view of section 89 of the code of civil procedure. the petitioner, thus, submits that in view of ..... 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 ..... adopting these methods. the central government is directed to examine it and if agreed, it was requested to make specific financial allocation for judiciary for including the expenses involved for mediation/conciliation under section 89 of the code of civil procedure. section 89 of the code of civil procedure reads thus: "89 settlement of disputes outside the court(1) where ..... with a view to arrive at an amicable settlement. the malinath committee recommended to refer the dispute after issues are framed, for settlement either by way of arbitration, conciliation, mediation, judicial settlement through lok adalat. it is only when the parties fail to get their disputes settled through any of the alternate disputes resolution method, the suit shall proceed further .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-07-2014
..... of the hindu marriage act. moreover, this matter can be viewed in a different perspective as according to the settlement terms arrived at before the learned mediator, initially the entire custody of the child then aged about two years, was agreed to be given to the husband but subsequently the present petitioner had ..... of the husband, present respondent, was for divorce on the ground of cruelty whereas initially it was opposed by the present appellant wife but during the mediation process some consent terms were arrived at. moreover, it is a factual position that no application under section 13-b of the hindu marriage act was ..... acted in terms of the said settlement terms mainly on the ground that there was much emotional pressure on her at the time of signing the said mediation settlement terms. in order to appreciate this argument, the crux of the said settlement terms can be mentioned with advantage. in para 1 of the ..... was granted dissolving the marriage between the parties on 30.7.2014. if it is considered that the said settlement terms arrived at before the mediator are to be acted upon and to be given effect as if the same is application under section 13b of the hindu marriage act, still ..... of final order which is impugned, are of much significance. for the sake of ready reference, the said dates can be mentioned, inasmuch as the mediation settlement terms were arrived at on 14.2.2014, application no. 71 of 2014 exh. 28 was preferred on 1.3.2014 and the said application .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-09-2014
..... the law laid down by the hon'ble apex court, in order to facilitate the parties to live happily in their future, the compromise entered into between them before the mediation centre at bangalore, is also to be accepted by this court for the purpose of quashing the proceedings. 7. in view of the above, i am of the opinion that ..... court for dissolution of their marriage in m.c. no.2740/2013. 4. it is seen from the records that the family court has referred the parties to the bangalore mediation centre for exploring the possibility of settlement. the parties have entered into a memorandum of settlement resolving the entire conflict between themselves. the parties have produced the said memorandum of ..... petitioner no.1, is dispensed with. 2. it is submitted that the 1st petitioner as well as the 2nd respondent have compromised the entire conflict between themselves before the bangalore mediation centre and they have entered into a memorandum of settlement under section 89 of c.p.c.. 3. petitioner no.1 is the husband of the 2nd respondent. it is .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-17-2014
..... not in any way curtailed by this direction. it will be for the concerned court to work out the modalities taking into consideration the facts of each case. c) all mediation centres shall set up pre- litigation desks/clinics; give them wide publicity and make efforts to settle matrimonial disputes at pre-litigation stage. in similar circumstances, honble mr.justice r ..... courts dealing with the complaint under section 498-a of the ipc should, at any stage and particularly, before they take up the complaint for hearing, refer the parties to mediation centre if they feel that there exist elements of settlement and both the parties are willing. however, they should take care to see that in this exercise, rigour, purport and ..... giving sufficient publicity and matrimonial disputes are taken up for pre-litigation settlement, many families will be saved of hardship if, at least, some of them are settled. 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 possibility of settlement through ..... mediation in matrimonial disputes. we, therefore, issue directions, which the courts dealing with the matrimonial matters shall follow: a) in terms of section 9 of the family courts act, the family .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-08-2014
..... by norm creation, judicial independence by the involvement of trusted peers, and so on. this presents an alternative conceptualization of justice.19. we have purposely stated the aforesaid advantages of mediation process in a hope that if not now, in near future the parties may agree on exploiting this mechanism to their advantage.20. in this backdrop, mr. dushyant dave, ..... optimistic that the magnanimity of the human spirit can conquer structural imbalances and resource constraints. professor stulberg, in his masterful comment on the drafting of the uniform model mediation act, fairness and mediation, begins with the understated predicate that the meaning of fairness is not exhausted by the concept of legal justice. in truth, the more pointed argument advanced in the ..... the parties and, therefore, create a win win situation, the outcome which cannot be achieved by means of judicial adjudication. thus, life as well as relationship goes on with mediation for all the parties concerned and thus resulting into peace and harmony in the society. while providing satisfaction to the litigants, it also solves the problem of delay in our ..... produce an acceptable result in shortest possible time, with the least possible expense and with a minimum of stress on the participants. that is what justice is all about. mediation is one such mechanism which has been statutorily brought into place in our justice system. it is one of the methods of alternative dispute resolution and resolves the dispute in .....Tag this Judgment!
Court : Mumbai Goa
Decided on : Jun-27-2014
..... that divorce proceedings will be filed jointly, provided the above mentioned terms are met in advance by mr. gaurav. the above terms of settlement were signed by all the above mediators as well as by gaurav and radhika. 35. in the case of ??moti ram (dead) through lrs ? (supra), relied upon by the learned counsel for gaurav, the hon'ble supreme ..... returns as well as the certificate of chartered accountant based on such income tax returns cannot be wholly relied upon to determine the income of gaurav. 33. admittedly, there was mediation meeting held at the residence of mrs. rachita velho and mr. verner velho, on 14/10/2008 in which settlement terms were drawn and it was resolved in the presence ..... application of gaurav for appointment of chartered accountant as commissioner to determine the financial capacity of the parties. she pointed out that the settlement terms signed by gaurav emanated from mediation initiated by the cousins of gaurav and the agreement was signed by the parties without any coercion. counsel urged that the picture which emerges from this settlement is certainly the ..... submitted that these terms of settlement never ended in a concluded contract and were never acted upon. he urged that the said settlement terms were out of informal mediation. he urged that an unsuccessful mediation would not amount to a concluded contract. learned counsel further urged that gaurav might have promised anything but the question is whether he was capable of payment .....Tag this Judgment!
Court : Chennai
Decided on : Jun-25-2014
..... .o.p.no.8955 of 2013 for anticipatory bail. in view of the aforesaid complaint made by ms.madhavi, the matter was referred to tamilnadu mediation and conciliation centre. a settlement was arrived before the mediation centre and the same was recorded by this court by order dated 16.08.2013 in crl.o.p.no.8955 of 2013 as follows: 3 ..... sent back to the hon'ble court. 4.as the parties have arrived at a settlement in terms of the mediation agreement, dated 5.7.2013, this petition is listed for passing orders in terms of the said mediation agreement. 5.the mediation agreement, dated 5.7.2013, signed by the parties and their respective counsels, reads as follows: both sides, out of ..... conciliation centre, high court of madras, this petition is disposed of, recording the terms of the mediation agreement, dated 5.7.2013. the terms of the mediation agreement, dated 5.7.2013 and the mediation report, dated 5.7.2013, of the mediation centre, shall form part of the order. 5.as per the aforesaid order and the settlement between the parties, ms.madhavi ..... . a communication, dated 15.07.2013, of the tamil nadu mediation and conciliation centre, high court of madras, enclosing a copy of its mediation report, dated 5.7.2013, has been received, and in the said mediation report, it is stated as follows:- petitioners and the defacto complainant appeared before the centre along with their .....Tag this Judgment!
Court : Chennai
Decided on : Apr-11-2014
..... is entitled for the suit amount.4. since the plaintiff and 19th and 20 defendants are only the contesting parties, others are not present in the mediation. 20th defendant is represented by her husband 19th defendant.5. the suit may be decreed on the above terms. 5. in terms of the settlement arrived ..... defendants : mr.b.jayaraman c o m m o n order the civil suit in c.s.no.481 of 2010, was referred for mediation to the tamil nadu mediation and conciliation centre, high court of madras, by the order of this court, dated 30.9.2013.2. a communication, dated 10.4.2014 ..... 'ble court.".3. as the parties have arrived at a settlement in terms of the mediation agreement, dated 28.1.2014, these civil suits are listed for passing orders in terms of the said mediation agreement.4. the mediation agreement, dated 28.1.2014, signed by the parties and the counsels appearing for the ..... , of the tamil nadu mediation and conciliation centre, high court of madras, enclosing a copy of its mediation report, dated 28.1.2014, has been received, and in the said mediation report, it is stated as follows:- ".as agreed by both parties the matter has ..... conciliation centre, high court of madras, these suits are decreed, recording the terms of the mediation agreement, dated 28.1.2014. the terms of the mediation agreement, dated 28.1.2014 and the mediation report of the mediation centre, dated 28.1.2014, shall form part of the decree. connected application no.2499 of 2013 is .....Tag this Judgment!
Court : Singapore Supreme Court
Decided on : Jan-30-2014
..... of the compromise under the settlement agreement. the reference to them in the defendants' summary of facts puts beyond doubt the fact that the additional works were covered by the mediation and the settlement agreement. the parties had, in my judgment, agreed that all claims or disputes would be superseded by the settlement agreement which would now encompass the parties' ..... not expressly provide for what would happen in this situation, i cannot imagine that the parties would have contemplated either: (a) that the entire settlement agreement they had reached through mediation would simply unravel and they would be left to pursue their original claims against each other; or (b) that the matter could be remitted to the same professional engineer who ..... crystallite for $498,000.20 the defendants were dissatisfied with chan's decision and did not make any further payment to the plaintiff under the settlement agreement. after unsuccessful further mediation, the plaintiff commenced the present suit on 16 august 2012. on the same date, the plaintiff filed a complaint to the peb against koh by way of a statutory ..... it appears that the plaintiff also wrote to the building and construction authority ("bca") on 20 february 2012 making a complaint against koh.8 6. the dispute was resolved through mediation on 12 march 2012 and the settlement agreement was entered into between the plaintiff and the defendants. pursuant to the settlement agreement, a professional engineer was to be appointed to .....Tag this Judgment!