Tag: ADR

What is Mediation and what are the steps to settle a case?

Advocate

Mediation is a process in which an impartial or neutral third party assists disputants in finding a mutually acceptable solution. It is both confidential and voluntary.It is a good method of resolving disputes, especially those involving relationships which are not easily resolved through litigation process, to the mutual satisfaction of both sides. These relationships can be personal, commercial, contractual or social.

Mediation Rules Mediation Rules: ICC Mediation 2014

In the absence of a joint nomination of a Mediator by the parties, the Centre shall, after consulting the parties, either appoint a Mediator or propose a list of Mediators to the parties. All of the parties may jointly nominate a Mediator from the said list for confirmation by the Centre, failing which the Centre shall appoint a Mediator.

AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS 26/ 7/2010

A civil court exercising power under Section 89 CPC cannot refer a suit to arbitration unless all the parties to the suit agree to such reference. If the reference is to arbitration or conciliation, the court has to record that the reference is by mutual consent. If the reference is to any other non-adjudicatory ADR process, the court should briefly record the same.