A Practical Approach to Alternative Dispute Resolution 5th ed Susan Blake, Julie Browne, Stuart Sime ISBN13: 9780198823094 New Edition ISBN: 9780198858379 Previous Edition ISBN: 9780198747666 Published: June 2018 Publisher: Oxford University Press […]
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.
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.
Alternative dispute resolution (ADR) refers to a variety of processes that help parties resolve disputes without a trial. Typical ADR processes include mediation, arbitration, neutral evaluation, and collaborative law. These processes are […]
Lok adalats have no adjudicatory or judicial functions — their functions relate purely to conciliation and must be based on compromise or settlement between the parties
In State of Punjab & Another Vs Jalour Singh & Others [AIR 2008 SC 1209] Apex Court Held Lok Adalats have no adjudicatory or judicial functions. Their functions relate purely to conciliation. A Lok […]
KEYWORDS:-Lok Adalat- AIR 2008 SC 1209 : (2008) 1 SCR 922 : (2008) 2 SCC 660 : JT 2008 (2) SC 83 : (2008) 2 SCALE 52 (SUPREME COURT OF INDIA) State […]
Section 89 starts with the words “where it appears to the court that there exist elements of a settlement”. This clearly shows that cases which are not suited for ADR process should not be […]
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.