NAME : V. VISWAKUMAR B.SC.,LL.

B
P. RAMAMOORTHI B.A.,LL.B
 LIST OF ASSIGNMENT TOPICS
(ALTERNATIVE DISPUTE RESOLUTION)
TA5E-CLINICAL COURSE - II
- EVEN SEM (2023-2024)

EXERCISE :- PAGE:

EXERCISE-I

1. What is conciliation? Discuss the law relating to appointment

and removal of conciliator. …………………………………………………..

2. Explain the different styles of negotiation ………………………………….

3. Explain the provisions relating to Lok-Adalat. …………………………….

4. Eligibility to get free legal Aid. ………………………………………………

5. Success of mediation depends upon

the role of the mediator"- Discuss. ………………………………………..

6. Explain the advantages and disadvantages of alternative dispute

resolution systems …………………………………………………………

7. Explain the salient features of Mediation Bill, 2021. ……………………..

EXERCISE-II

(FORMATS)

1. Appointment of conciliators ……………………………………………….

2. Arbitral Award ………………………………………………………………

3. Removal of Arbitrators ………………………………………………………

4. Power of Attorney (Vakalatnama) in Arbitration Proceedings …………..

5. Appeal petition ……………………………………………………………….

 LIST OF ASSIGNMENT TOPICS
(ALTERNATIVE DISPUTE RESOLUTION)
TA5E-CLINICAL COURSE - II
- EVEN SEM (2023-2024)

EXERCISE-III

(PROBLEMS)

1. Mr. Nandhan catches a thief who is found to have stolen gold

from his jewellery shop. Hedecides to handover the thief to Mr.

Murali who act as an arbitrator. Can Murali decide thiscase? ……………

2. Shanmugam has committed and offence of grievious hurt

against Jagan. Later Shanmugamand Jagan compromise
the offence before the Mediation decide the validity
of compromise. ..........................................................................................

3. In a dispute between Kathir and Jeniffer, Kavitha was appointed

to act as the arbitrator Ms.Kavitha examined several witness
and documents and before giving the award declaresthat
she withdraws her consent to be the arbitrator.
Whether Kavitha act is valid? ………………………………………………….

4. The workers of Rajan Mills Ltd., issued a strike notice demanding

bonus at the rate of 25%.The same was denied by the management.
The conciliation officer issued notice to both the sides directing
for conciliation proceedings. Mr.Mukundan, an advocate,
represented the management and the same was objected
by the workers. Decide. ………………………………………………………..
 TABLE OF CONTENTS
EXERCISE-1

1- WHAT IS CONCILIATION? DISCUSS THE LAW RELATING TO

APPOINTMENT AND REMOVAL OF CONCILIATOR.

Introduction ……………………………………………………………………………….
Meaning of conciliation ………………………………………………………………….
Features of conciliation ………………………………………………………………….
What is conciliator ? …………………………………………………………………….
Who is a conciliator ? …………………………………………………………………...
Kinds of conciliation ………………………………………………………………………
Application & scope of conciliation in India …………………………………………..
Appointment of conciliators ……………………………………………………………
Application of the rules ………………………………………………………………...
Number & qualification of conciliators ………………………………………………..
Number of conciliators ………………………………………………………………….
Principles of conciliation procedure ………………………………………………….
Procedure of conciliation ……………………………………………………………...
Settlement ………………………………………………………………………………
Suggestion by parties for settlement of dispute (Art-12) ………………………….
Settlement agreement (Art-13) ……………………………………………………….
Termination of conciliation proceeding ………………………………………………
Resort to arbitral or judicial proceeding ……………………………………………..
Costs ……………………………………………………………………………………
Deposits ……………………………………………………………………………….
Case law ………………………………………………………………………………
Conclusion ……………………………………………………………………………

2- EXPLAIN THE DIFFERENT STYLES OF NEGOTIATION.

Introduction …………………………………………………………………………….
Need for negotiation ……………………………………………………………………
Meaning of negotiation ………………………………………………………………...
Negotiation styles ……………………………………………………………………...
Five kinds of approaches to negotiation ……………………………………………….
I. Compete
II. Accommodate
III. Avoid
IV. Compromise
V. Collaborate
Case law ……………………………………………………………………………….
Conclusion …………………………………………………………………………….

3- Explain the provisions relating to Lok-Adalat.

Introduction ……………………………………………………………………………
Origin of lok adalat ……………………………………………………………………
Organization of lok adalats (sec-19) ……………………………………………………
Cognizan of case by lok adalat (sec-20) ………………………………………………..
Award of lok adalat (sec-21) ……………………………………………………………
Power of lok adalat (sec-22) …………………………………………………………….
Permanent lok adalats for pre-litigation conciliation and settlement ……………………
Congnizance of case by permanent lok adalat …………………………………………..
Procedure of permanent lok adalat ………………………………………………………
Award of permanent lok adalat to be final ………………………………………………
Miscellaneous provisions ………………………………………………………………..
Procedure for organising lok adalat (sec-29-31) …………………………………………
Case law ………………………………………………………………………………….
Conclusion ……………………………………………………………………………….

4- Eligibility to get free legal Aid.

Introduction …………………………………………………………………………….
What is legal aid ? ……………………………………………………………………....
Scope of free legal aid …………………………………………………………………..
Legal services authorities act,1987 ……………………………………………………...
Constitution provisions for free legal aid ………………………………………………..
What is article-39-A of the Indian constitution ? ………………………………………..
Eligibility criteria for free legal aid ………………………………………………….......
Case law ………………………………………………………………………………….
Conclusion ……………………………………………………………………………….

5- Success of mediation depends upon the role of the mediator". Discuss.

Introduction ……………………………………………………………………………..
Who is a mediator ? ……………………………………………………………………..
Role of mediator ………………………………………………………………………...
Duties of a mediator ……………………………………………………………………..
Benefits of the mediation process ……………………………………………………….
Function of a mediator …………………………………………………………………..
Facilitative role ………………………………………………………………………….
Evaluative role …………………………………………………………………………..
Types of mediation ……………………………………………………………………...
Case law ………………………………………………………………………………...
Conclusion ……………………………………………………………………………...

6- Explain the advantages and disadvantages of alternative dispute resolution systems

Introduction ……………………………………………………………………………..
Definition of ADR ……………………………………………………………………….
Types of ADR …………………………………………………………………………....
Advantage of alternative disputes resolution …………………………………………….
Disadvantages of alternative disputes resolution …………………………………………..
Conclusion ………………………………………………………………………………….

7- Explain the salient features of Mediation Bill, 2021.

Introduction ………………………………………………………………………………..
Objectives of the mediation bill 2021 ……………………………………………………..
Salient features of the mediation bill 2021 ………………………………………………..
Application ………………………………………………………………………………..
Mediation agreement ……………………………………………………………………...
Mediators ………………………………………………………………………………….
Mediation proceedings …………………………………………………………………….
Mediated settlement agreement ……………………………………………………………
Conclusion …………………………………………………………………………………

EXERCISE-2

1. Appointment of conciliators ……………………………………………………...

2. Arbitral Award …………………………………………………………………...

3. Removal of Arbitrators …………………………………………………………..

4. Power of Attorney (Vakalatnama) in Arbitration Proceedings …………………..

5. Appeal petition …………………………………………………………………...

EXERCISE-3

1. MR. NANDHAN CATCHES A THIEF WHO IS FOUND TO HAVE STOLEN GOLD

FROM HIS JEWELLERY SHOP. HEDECIDES TO HANDOVER THE THIEF TO MR.

MURALI WHO ACT AS AN ARBITRATOR. CAN MURALI DECIDE THISCASE?

A. Fact of the case …………………………………………………………………………….

B. Issue of case ……………………………………………………………………………….

C. Leagal provisions ………………………………………………………………………..

D. Solution ......................................................................................................................

E. Related case law …………………………………………………………………………

 2. SHANMUGAM HAS COMMITTED AND OFFENCE OF GRIEVIOUS HURT
AGAINST JAGAN. LATER SHANMUGAMAND JAGAN COMPROMISE
THE OFFENCE BEFORE THE MEDIATION DECIDE
THE VALIDITY OF COMPROMISE.

A. Fact of the case …………………………………………………………………………….

B. Issue of case ……………………………………………………………………………….

C. Leagal provisions ………………………………………………………………………..

D. Solution ......................................................................................................................

E. Related case law …………………………………………………………………………

3. IN A DISPUTE BETWEEN KATHIR AND JENIFFER, KAVITHA WAS

APPOINTED TO ACT AS THE ARBITRATOR MS.KAVITHA EXAMINED
SEVERAL WITNESS AND DOCUMENTS AND BEFORE GIVING
THE AWARD DECLARESTHAT SHE WITHDRAWS HER CONSENT
TO BE THE ARBITRATOR. WHETHER KAVITHA ACT IS VALID?

A. Fact of the case …………………………………………………………………………….

B. Issue of case ……………………………………………………………………………….

C. Leagal provisions ………………………………………………………………………..

D. Solution ......................................................................................................................

E. Related case law …………………………………………………………………………

4. THE WORKERS OF RAJAN MILLS LTD., ISSUED A STRIKE NOTICE

DEMANDING BONUS AT THE RATE OF 25%.THE SAME WAS DENIED
BY THE MANAGEMENT. THE CONCILIATION OFFICER ISSUED NOTICE
TO BOTH THE SIDES DIRECTING FOR CONCILIATION PROCEEDINGS.
MR.MUKUNDAN, AN ADVOCATE, REPRESENTED THE MANAGEMENT
AND THE SAME WAS OBJECTED BY THE WORKERS. DECIDE.

A. Fact of the case …………………………………………………………………………….

B. Issue of case ……………………………………………………………………………….

C. Leagal provisions ………………………………………………………………………..

D. Solution ......................................................................................................................

E. Related case law …………………………………………………………………………

BILBLIOGRAPHY ……………………………………………………………………………………………….
.
 Page No :

What is conciliation? Discuss the law

relating to appointment and removal of
conciliator.
 Page No :

What is conciliation? Discuss the law relating to appointment and removal of conciliator.

Introduction :

The Arbitration and Conciliation Act, 1996, as the name itself suggests, deals with two types of
proceedings; domestic arbitration and conciliation proceedings. While provisions relating to
domestic arbitration are contained in Part 1 which includes Sections 1 to 43, the conciliation
proceedings which includes Sections 61 to 81 (Part II deals with enforcement of foreign awards).
On perusal of the provisions of the Act, it is apparent that there is a clear distinction in the
statute between arbitration proceedings and conciliation proceedings.

Conciliation’, as defined in Halsbury’s Laws of England, “Is a process of persuading parties to

reach an agreement, and is plainly not arbitration, nor is the chairman of a Conciliation Board an
arbitrator.”

Conciliation undoubtedly is the most commonly accepted form of alternative dispute resolution
mechanism. It is essentially a non-judicial power as against arbitration which may be in a judicial
or non-judicial form. Briefly speaking conciliation may be defined as a process of setting of
disputes without recourse to Court of law or litigation.

Part 3rd of the Act deals with conciliation. Conciliation means the settling of disputes without
litigation. Conciliation is a process by which discussion between parties is kept going through the
participation of a conciliator. The main difference between arbitration and conciliation is that in
arbitration proceedings the award is the decision of the Arbitral Tribunal while in the case of
conciliation the decision is that of parties arrived at with the assistance of the conciliator.

The law relating to conciliation has been codified for the first time in India on the pattern of
UNCITRAL Conciliation Rules.

Conciliation is recognised as a method of amicably settling disputes arising in the context of

international commercial relations. The rules of conciliation that are acceptable in countries
with different legal, social and economic systems would significantly contribute to the
development of harmonious international economic relations. Hence, the use of the Conciliation
Rules of the UNCITRAL are recommended in cases where a dispute arises in the context of
international commercial relations and the parties seek an amicable settlement of that dispute
by recourse to conciliation
Meaning Of Conciliation

Briefly stated, conciliation means any third party assisted alternate dispute resolution (ADR)
approach. He discusses the details of the dispute with the parties and on the basis of facts
collected, he himself draws up and proposes a solution, which in his opinion is most fair and
reasonable. It differs from mediation, the mediator only assists the parties to resolve their
dispute without, however, himself drawing up a solution. It is far less informal than the process
of conciliation.

Conciliation is generally a voluntary process and discussions made in the process of conciliation
are not binding on the parties unless the parties themselves agree to treat as binding. It is an
(ADR) process of settling the dispute outside the Court.

Features Of Conciliation

The main features of conciliation under the Arbitration and Conciliation Act, 1996 are as follows:

The process is non-adversary in nature there being no plaintiff or defendant or claimant or

opposite party.
It is voluntary in nature, depending on parties to agree or not to agree with the solution drawn
up by the conciliator.
The conciliator has discretion to decide the procedure so as speedy and less expensive disposal
of the dispute. Thus it is fairly flexible.
In conciliation, the causes of dispute or differences are first identified and then resolved by the
conciliator thus protecting the interests of the parties. The process of conciliation being flexible
and more or less informal, the parties readily agree to get their disputes resolved through this
method. When the parties enter upon conciliation and reach an agreement on a settlement of
dispute, the agreement so reached has the status and effect as if it was an arbitral award. The
Act also provides confidentiality in respect of all matters in the conciliation proceedings.

What is Conciliation?

Conciliation is a voluntary and confidential method of alternative dispute resolution (ADR) in

which a neutral third party, known as a conciliator, assists disputing parties in resolving their
differences and reaching a mutually acceptable settlement.

In conciliation, the conciliator acts as a facilitator, helping the parties communicate effectively,
understand each other’s perspectives, and find common ground for resolving their dispute. The
conciliator is a neutral and impartial intermediary who does not impose decisions but guides the
parties towards a resolution through dialogue and negotiation.

Who is a Conciliator?

A conciliator is a neutral third party appointed or chosen to facilitate the conciliation process in
dispute resolution. The conciliator’s role is to assist the disputing parties in reaching a mutually
agreeable settlement through open communication, negotiation, and consensus-building.
A conciliator is typically someone with expertise and experience in dispute resolution,
negotiation, and conflict management.

Kinds of Conciliation

Voluntary Conciliation-
In this method parties can voluntarily participate in the process of conciliation for resolving their
dispute.

Compulsory Conciliation-
If parties do not want to take the opportunity of voluntary conciliation then they can go for
compulsory conciliation. In this method, if the parties do not want to meet the other party to
resolve the dispute then the process is said to be compulsory. This method is commonly used in
labour cases.
Application & Scope Of Conciliation In India

Section 61 of the Arbitration and Conciliation Act of 1996, provides for the Application and
Scope of Conciliation.

Section 61 points out that the process of conciliation extends, in the first place, to disputes,
whether contractual or not. But the disputes must arise out of the legal relationship. It means
that the dispute must be such as to give one party the right to sue and to the other party the
liability to be sued. The process of conciliation extends, in the second place, to all proceedings
relating to it.

But Part III of the Act does not apply to such disputes as cannot be submitted to conciliation by
the virtue of any law for the time being in force.

Appointment of Conciliators

Section 63 of the Arbitration and Conciliation Act, 1996 states that there shall be one conciliator
unless the parties agree that there shall be two or three conciliators. Where there is more than
one conciliator, they ought, as a general rule, to act jointly.

According to Section 64(1) of the Act, where there is only one conciliator, the parties may agree
on his name. Where there are two conciliators, each party may appoint one conciliator. Where
there are three conciliators, each party may appoint one, and the parties may agree on the
name of the third conciliator, who shall act as presiding conciliator. But in each of the above
cases, the parties may enlist the assistance of a suitable institution or person.

Section 64(2) of the Act and proviso lay down relating the institutional assistance as under:

Parties may enlist the assistance of a suitable institution or person in connection with the
appointment of conciliators, and in particular:

(a) a party may request such an institution or person to recommend the names of suitable
individuals to act as conciliators, or

(b) the parties may agree that the appointment of one or more conciliators be made directly by
such an institution or person.

But, in recommending or appointing individuals to act as conciliator, the institution or person

shall have regard to such considerations as are likely to secure the appointment of an
independent and impartial conciliator and, with respect to a sole or third conciliator, shall take
into account the advisability of appointing a conciliator of a nationality other than the
nationalities of the parties.

Section 63(1) of the Act prefers a sole conciliator for the following reasons:

(i) he can win faith of the parties with his talent;

(ii) there will be no scope for conflicting opinion with sole conciliator,

(iii) it is less expensive comparatively;

(iv) there will be speedy action in conciliation as he can meet the parties with short intervals.

Under the Arbitration and Conciliation Act, 1996, the presiding conciliator is not authorised to
take binding decision, in case of differences of opinion between the conciliators. However, the
parties by an agreement may confer such power to the presiding conciliator. This will help for
speed and smooth conciliation.
Section 64 of the Act provides guidelines to the institution or person, who is requested by the
parties to recommend or appoint conciliators. The conciliators so appointed should be
independent and impartial. in conciliation in connection with international commercial
conciliation it is advisable to take account of the nationality of a conciliator, but may not be the
nationalities of the parties.

Section 64 of the Act, enacted on the basis of Article 4 of the UNCITRAL Conciliation Rules,
provides the procedure for appointment of conciliators and there may be one conciliator or two
or three conciliators.

Article 4: Appointment of Conciliator(s)

Article 4 implements, in substance, the principle of party autonomy with regard to the
appointment of a conciliator. Depending on the number of conciliators to be appointed, a
conciliator is appointed either by one party or jointly by both parties.

In conciliation proceedings with one conciliator, the parties are expected to agree on the name
of sole conciliator, art 4, para (1) (a). Where the parties have agreed on conciliation proceedings
with two conciliators, each party appoints one conciliator, para (1) (b). If the parties have opted
for conciliation proceedings with three concilliators, each party appoints one conciliator, while
the third (presiding) conciliator is appointed by agreement of the parties, para (1) (c). Before
appointing the presiding concilliator the parties may wish to consult with the two appointed
concilliators.

According to para (2), parties may enlist the assistance of an appropriate institution or person in
connection with the appointment of conciliators. This assistance may be provided in two
different ways, which should be clearly distinguished.

Application of the Rules

These Conciliation Rules of the UNCITRAL apply to conciliation of disputes arising out of or
relating to a contractual or other legal relationship where the parties seeking an amicable
settlement of their dispute have agreed that the UNCITRAL Conciliation Rules apply. The parties
may agree to exclude or vary of these Rules at any time. Where any of these Rules is in conflict
with a provision of law from which the parties cannot derogate, that provision prevails (Art. 1).

Commencement of Conciliation Proceedings

The party initiating conciliation sends to the other party a written invitation to conciliate under
these Rules, briefly identifying the subject of the dispute. Conciliation proceedings commence
when the other party accepts the invitation to conciliate. If the acceptance is made orally, it is
advisable that it be confirmed in writing. If the other party rejects the invitation, there will be no
conciliation proceedings. If the party initiating conciliation does not receive a reply within thirty
days from the date on which he sends the invitation, or within such other period of time as
specified in the invitation, he may elect to treat this as a rejection of the invitation to conciliate.
If he so elects, he informs the other party accordingly (Art. 2)

Number & Qualification Of Conciliators–

Section 63 fixes the number of conciliators. There shall be one conciliator. But the parties may
by their agreement provide for two or three conciliators. Where the number of conciliators is
more than one, they should as general rule act jointly.

Number of Conciliators

There shall be one conciliator unless the parties agree that there shall be two or three
conciliators. Where there is more than one conciliator, they ought, as a general rule, to act
jointly (Art. 3).

.
Representation and Assistance

The parties may be represented or assisted by persons of their choice. The names and addresses
of such persons are to be communicated in writing to the other party and to the conciliator,
such communication is to specify whether the appointment is made for purposes of
representation or of assistance (Art. 6).

. Role of Conciliator

(1) The conciliator assists the parties in an independent and impartial manner in their
attempt to reach an amicable settlement of their dispute.

2) He will be guided by principles of objectivity, fairness and justice, giving consideration to

among other things, the rights and obligations of the parties, the usages of the trade concerned
and the circumstances surrounding the dispute, including any previous business practices
between the parties.

(3) He may conduct the conciliation proceedings in such a manner as considers appropriate,
taking into account the circumstances of the case, the wishes the parties may express, including
any request by a party that the conciliator hear oral statements, and the need for a speedy
settlement of the dispute.

(4) He may, at any stage of the conciliation proceedings, make proposals for a settlement of the
dispute. Such proposals need not be in writing and need not be accompanied by a statement of
the reasons therefor. (Art. 7).
In order to facilitate the conduct of the conciliation proceedings, the parties, or the conciliator
with the consent of the parties, may arrange for administrative assistance by a suitable
institution or person (Art. 8).

Communication between Conciliator and Parties

The conciliator may invite the parties to meet with him or may communicate with them orally or
in writing. He may meet or communicate with the parties together or with each of them
separately. Unless the parties have agreed upon the place where meetings with the conciliator
are to be held such place will be determined by the conciliator, after consultation with the
parties, having regard to the circumstances of the conciliation proceedings (Art. 9).

Disclosure of Information

When the conciliator receives factual information concerning the dispute from a party, he
discloses the substance of that information to the other party in order that the other party may
have the opportunity to present any explanation which he considers appropriate. However,
when a party gives any information to the conciliator subject to a specific condition that it be
kept confidential, the conciliator does not disclose that information to the other party (Art. 10).

Cooperation of parties with Conciliator

The parties will in good faith cooperate with the conciliator and, in particular, will endeavour to
comply with requests by the conciliator to submit written materials, provide evidence and
attend meetings (Art. 11).

Suggestions by Parties for settlement of dispute

Each party may, on his own initiative or at the invitation of the conciliator, submit to the
conciliator suggestions for the settlement of the dispute (Art. 12).

Settlement Agreement

When it appears to the conciliator that there exists an element of a settlement which would be
acceptable to the parties, he formulates the terms of a possible settlement and submits them to
the parties for their observations After receiving the observations of the parties, the conciliator
may reformulate the terms of a possible settlement in the light of such observations. If the
parties reach agreement on a settlement of the dispute, they draw up and sign a written
settlement agreement. The parties by signing the settlement agreement put an end to the
dispute and are bound by the agreement (Art. 13).
Confidentiality

The conciliator and the parties must keep confidential all matters relating to the conciliation
proceedings. Confidentiality extends also to the settlement agreement, except where its
disclosure is necessary for purposes of implementation and enforcement (Art. 14).

Termination of Conciliation Proceedings

The conciliation proceedings are terminated:

(a) By the signing of the settlement agreement by the parties, on the date of the agreement; or

(b) By a written declaration of the conciliator, after consultation with the parties, to the effect
that further efforts at conciliation are no longer justified, on the date of the declaration; or

(c) By a written declaration of the parties addressed to the conciliator to the effect that the
conciliation proceedings are terminated on the date of the declaration; or

(d) By a written declaration of a party to the other party and the conciliator, if appointed, to the
effect that the conciliation proceedings are terminated, on the date of the declaration (Art. 15).

Resort to Arbitral or Judicial Proceedings

The parties undertake not to initiate during the conciliation proceedings any arbitral or judicial
proceedings in respect of a dispute that is the subject of the conciliation proceedings, except
that a party may initiate arbitral or judicial proceedings where, in his opinion, such proceedings
are necessary for preserving his rights (Art. 16).

Costs

Upon termination of the conciliation proceedings, the conciliator fixes the costs of the
conciliation and gives written notice thereof to the parties.

The term 'costs' includes only:

(a) the fee of the conciliator which shall be reasonable in amount: expenses of the conciliator

(b) the travel and other (c) the travel and other expenses of witnesses requested by the
conciliator with the consent of the parties;

(d) the cost of any expert advice requested by the conciliator with the consent of the parties;

(e) the cost of any assistance provided pursuant to Articles 4 and 8 of these Rules.

The costs as defined above, are borne equally by the parties unless the lement agreement
provides for a different apportionment. All other expenses red by a party are borne by the party
(Art. 17)

Deposits

The conciliator upon his appointment, may request each party to deposit equal amount as an
advance for the costs which he expects will be incurred. During the course of the conciliation
proceedings the conciliator may request supplementary deposits in an equal amount from each
party. If the above required deposits are not paid in full by both the parties within thirty days,
the conciliator may suspend the proceedings or may make a written declaration of termination
the parties, effective on the date of that declaration. Upon termination of the anciliation
proceedings, the conciliator renders an accounting to the parties of the deposits received and
returns any unexpended balance to the parties (Art. 18).

Role of Conciliator in other proceedings

The parties and the conciliator undertake that the conciliator will not act arbitrator or as a
representative or counsel of a party in any arbitral or icial proceedings in respect of a dispute
that the subject of the conciliation Roceedings. The parties also undertake that they will not
present the conciliator As awitness in any such proceedings (Art. 19).
Admissibility of Evidence in other proceedings

The parties undertake not to rely on or introduce as evidence in arbitral or dicial proceedings
whether or not such proceedings relate to the dispute that the subject to the conciliation
proceedings:

(a) Views expressed or suggestions made by the other party in respect of a possible settlement
of the disputes;

(b) Admissions made by the other party in the course of the conciliation proceedings;

c) Proposals made by the conciliator,

(d) The fact that the other party had indicated his willingness to accept a proposal for settlement
made by the conciliator (Art. 20).

Model Conciliation Clause

"Wherein the event of a dispute arising out of or relating to this contract the parties wish to
seek an amicable settlement of that dispute by conciliation, the conciliation shall take place in
accordance with the UNCITRAL Conciliation Rules as at present in force".

The parties may agree on the conciliation clause.

Principles of Conciliation Procedure

Independence And Impartiality– Section 67(1)

Fairness and justice- Section 67(2)

Confidentiality- Section 70

Disclosure Of The Information– Section 70

Co-operation Of The Parties With Conciliator– Section 71

Rules of procedure – Sec 66

Place of meeting – Sec 69(2)

Communication between conciliator and parties - Sec 69(1

Procedure of Conciliation

Commencement of conciliation proceedings – Section 62

The conciliation proceedings are initiated by one party sending a written invitation to the other
party to conciliate. The invitation should identify the subject of the dispute.

Conciliation proceedings are commenced when the other party accepts the invitation to
conciliate in writing. If the other party rejects the invitation, there will be no conciliation
proceedings.

If the party inviting conciliation does not receive a reply within 30 days from the date he sends
the invitation, he may elect to treat this as rejection of the invitation to conciliate. If he so elects
he should inform the other party in writing.

Submission of statements to conciliator – Section 65

The conciliator may request each party to submit to him a brief written statement.

The statement should describe the general nature of the dispute and the points at issue. Each
party should send a copy of such statement to the other party.
The conciliator may require each party to submit to him a written statement of his position and
the facts and grounds in its support. It may be supplemented by appropriate documents and
evidence. The party should send a copy of such statements, documents and evidence to the
other party.

Conduct of conciliation proceedings – Section 69(1), 67(3)

The conciliator may invite the parties to meet him. He may communicate with the parties orally
or in writing. He may meet or communicate with the parties together or separately. (Sec 69(1))

In the conduct of conciliation proceedings, the conciliator has some freedom. He may conduct
them in such manner as he may consider appropriate. But he should take into account the
circumstances of the case, the express wishes of the parties, a party’s request to be heard orally
and the need of speedy settlement of dispute. (Sec 67(3))

Administrative assistance – Section 68

Section 68 facilitates administrative assistance for the conduct of conciliation proceedings. The
parties and the conciliator may seek administrative assistance by a suitable institution or the
person with the consent of the parties.

Settlement

Settlement of dispute – Sec 67(4), 72, 73

The role of the conciliator is to assist the parties to reach an amicable settlement of the dispute.
He may at any stage of the conciliation proceedings make proposals for the settlement of the
dispute. Such proposals need not be in writing and need not be accompanied by a statement of
reasons. (Sec. 67(4))

Each party may, on his own initiative or at the invitation of the conciliator, submit to the
conciliator the suggestions for the settlement of the dispute. (Sec. 72)

(Sec 73(1)) If the parties reach agreement on the settlement of a dispute, a written settlement
agreement will be drawn up and signed by the parties.

(Sec 73(2)) When the parties have signed the settlement agreement, it becomes final and
binding on the parties and persons claiming under them.

(Sec 73(3)) The conciliator shall authenticate the settlement agreement and furnish its copy to
each of the parties.
(Sec 73(4) Status and effect of settlement agreement

Section 74
provides that the settlement agreement shall have the same status and effect as an arbitral
award on agreed terms under Section 30. This means that it shall be treated as a decree of the
court and shall be enforceable.

Restrictions on Role of Conciliator – Section 80

Section 80 places two restrictions on the role of the conciliator in the conduct of conciliation
proceedings.

Termination of Conciliation Proceedings – Section 76

Section 76 lays down four ways of the termination of conciliation proceedings. These are:
The conciliation proceedings terminate with the signing of the settlement agreement by the
parties. Here the date of termination of conciliation proceedings is the date of the settlement
agreement.
Resort To Arbitral or Judicial Proceedings – Sec 77

As a general rule, the parties cannot initiate arbitral or judicial proceedings during the
conciliation proceedings in respect of a dispute which is the subject matter of the conciliation
proceedings. But in exceptional cases a party may initiate arbitral or judicial proceedings if in his
opinion such proceedings are necessary for preserving his rights.

Costs – Sec 78

Costs means reasonable costs relating to the following:

The fee and expenses of the conciliator and witness requested by the conciliator with the
consent of the parties
Any expert advice requested by the conciliator with the consent of the parties
Any assistance provided to sec 64(2)(b) and sec 68
Any other expenses incurred in connection with the conciliation proceedings and the settlement
agreement. (Sec 78(2))
It is the conciliator who fixes the costs of the conciliation proceedings upon their termination
and gives written notice of it to the parties. (Sec78 (1)) The costs are borne by the parties in
equal shares. (Sec 78(3))

Deposits – Sec 79

The conciliator may estimate the costs likely to be incurred and direct each party to deposit it in
advance in an equal amount. During the conciliation proceedings, the conciliator may demand
supplementary deposits from each party. If the require deposits are not paid in full by both
parties within 30 days, the conciliator may either suspend the proceedings or terminate the
proceedings by making a written declaration to the parties.

The termination of proceedings become effective from the date of declaration. Upon
termination of the proceedings, the conciliator shall render to the parties accounts of deposits
received and return the unexpected balance to the parties.

Case Laws Relating To Conciliation

Haresh Dayaram Thakur v. State of Maharashtra and Ors. AIR 2000 SC 2281
While dealing with the provisions of Sections 73 and 74 of the Arbitration and Conciliation Act of
1996 in paragraph 19 of the judgment as expressed thus the court held that-
From the statutory provisions noted above the position is manifest that a conciliator is a person
who is to assist the parties to settle the disputes between them amicably.

The settlement takes shape only when the parties draw up the settlement agreement or request
the conciliator to prepare the same and affix their signatures to it. Under Sub-section (3) of
Section 73 the settlement agreement signed by the parties is final and binding on the parties
and persons claiming under them.

It follows therefore that a successful conciliation proceedings comes to end only when the
settlement agreement signed by the parties comes into existence. It is such an agreement which
has the status and effect of legal sanctity of an arbitral award under Section 74.

Mysore Cements Ltd. V. Svedala Barmac Ltd. AIR 2003 SC 3493

It was said that Section 73 of the Act speaks of Settlement Agreement. Sub-section (1) says that
when it appears to the Conciliator that there exist elements of settlement which may be
acceptable to the parties, he shall formulate the terms of a possible settlement and submit them
to the parties for their observation. After receiving the observations of the parties, the
Conciliator may reformulates the terms of a possible settlement in the light of such
observations.
In the present case, we do not find there any such formulation and reformulation by the
Conciliator, under Sub- section (2), if the parties reach a settlement agreement of the dispute on
the possible terms of settlement formulated, they may draw up and sign a written settlement
agreement. As per Sub-section
When the parties sign the Settlement Agreement, it shall be final and binding on the parties and
persons claiming under them respectively. Under Sub-section (4), the Conciliator shall
authenticate the Settlement Agreement and furnish a copy thereof to each of the parties. From
the undisputed facts and looking to the records, it is clear that all the requirements of Section 73
are not complied with.

Conclusion

The process of conciliation as an alternate dispute redressal mechanism is advantageous to the

parties in the sense that it is cost effective and expeditious, it is simple, fast and convenient then
the lengthy litigation procedure and it eliminates any scope of biasness and corruption.

The parties who wish to settle their disputes they can be provided great intensive by the process
of conciliation. In order to enable the conciliator to play his role effectively ,the parties should
be brought together face to face at a common place where they can interact face to face and
with the conciliator, separately or together without any distraction and with only a single aim to
sincerely arrive at the settlement of the dispute.

Conciliation is a boon and it is a better procedure to settle any dispute as in this process it is the
parties who by themselves only come to the settlement of the dispute and the role of the
conciliator is to bring parties together and to make an atmosphere where parties can
themselves resolve their disputes. Conciliation tries to individualize the optimal solution and
direct parties towards a satisfactory common agreement.

The procedures and techniques discussed above are the most commonly used methods of ADR.
However, there are countless various ADR methods, many of which modify or combine the
above methods. With each type of ADR, the objective is to resolve the dispute by method of
round table discussion . ADR is the most effective process which lessens the burden of courts.
ADR promotes harmonious relationship among parties. The settlement of disputes through
ADRs is so effective and globally accepted that courts have recognized some of them like
mediation more often. This avoids procedure of litigation and the award for fair and impartial
settlement of doubtful issues of an individual on legal and ethical basis which is based upon
ground reality.

This is what distinguishes ADR methods from general litigation. There can be only one winning
party after a court trial, while all parties can be treated as winner after conciliation, mediation or
negotiation, as there is no conflict between them and they go through the settlement procedur.
 Page No :

Explain the different styles of negotiation.

 Page No :

Explain the different styles of negotiation

Introduction :

People have different communication styles. Individuals bring sets of experiences, skills,
and tools that affect the way they interact with others, both at home and in the
workplace. Individual communication styles also translate into how they negotiate. From
these patterns of communication, five distinct negotiation styles have emerged:
competing, collaborating, compromising, accommodating, and avoiding.

Negotiators often fall into one or more of these five styles whether they are trying to
reach an agreement or resolve a conflict with multiple parties. Master negotiators know
how to use their primary negotiation style to their advantage and when it’s beneficial to
introduce the others. Read on to learn about the common characteristics of the five
negotiation styles, their strengths, and their weaknesses.

NEED FOR NEGOTIATION

Dispute management processes, which are participatory, responsive and concerned with
preserving relationships, are needed as an alternative. According to WL Ury. JM Brett
and SB Goldberg. disputes can be resolved at three levels, namely, power level, rights
level, and interests level. The power level reflects the might is right phenomenon
prevalent in early society, where the disputants engage in a contest of strength through
political process, industrial action or armed conflict, and the result goes in favour of the
powerful party. At the rights level, an authoritative person, decides the disputes on the
rights premise and lawful base and the party who has law and social standards on its
side wins. At the interests level, parties in conflict. either on their own or with varying
degrees of assistance, negotiate their way to an agreed settlement. The alternative
dispute resolution reflected by interests level is less costly, and more beneficial for
disputants than a rights approach, which in turn is less costly, and more beneficial than a
power approach.

Negotiation is the dominant element in the mediation process, and almost of every other
dispute resolution processes. Negotiation, the important component of which is dialogue,
is seen as one of the important legal methods of resolving conflicts at any level,
especially when alternative dispute resolution methods are being applied in settling
international disputes.

MEANING OF NEGOTIATION

Negotiation is primarily a common mean of securing one's expectations from others. It is

a form of communication designed to reach an agreement when two or more parties
have certain interests that are shared and certain others that are opposed. Ginny
Pearsom Bames says negotiation is a resolution of a disagreement using give and take
within the context of a particular relationship. It involves sharing ideas and information
and seeking a mutually acceptable outcome.

The Pepperdine University of USA has developed an explanatory definition for

negotiation':

Negotiation is a communication process used to put deals together or resolve conflicts. It

is a voluntary, non-binding process in which the parties control the outcome as well as
the procedures by which they will make an agreement. Because most parties place very
few limitations on the negotiation process, it allows for a wide range of possible solution
maximizing the possibility of joint gains
M Anstey explains core elements of negotiation as follows:

a) a verbal interactive process;

b) involving two or more parties;

c) who are seeking to reach agreement;

d) over a problem or conflict of interest between them; and

e) in which they seek, as far as possible, to preserve their interests, but to adjust their
views and positions in the joint effort to achieve an agreement.

NEGOTIATION STYLES

There are different styles of negotiation. Style of negotiation is also a strategy In some
occasions the style reflects the attitude of the party and an experienced negotiator can
guess the result from such a conduct of the party as becomes evident by the 'style'.
Negotiation style is reflected in communication skills, Interpersonal behaviour of
negotiators, language voice tones, choices, listening behaviour, non-verbal gestures and
judgments

Cooperative Style

Negotiators adopting a cooperative style are mutually respectful in their choice of

language, place, listening and non verbal interaction and they prefer positive interactions
which promotes understanding and a culture of working together.

Competitive Style

This style, in contrast, attacks others, seeks to create coercive or tense interpersonal
dynamics, uses aggressive language, listening and non-verbal actions and prefers to
unnerve or coerce others. It seeks substantive concessions for maintaining relationships
and wants to induce emotional reactions. It also tend to create tension, distrust which
may lead to retaliatory actions, hostility, and even result in deadlock

FIVE KINDS OF APPROACHES TO NEGOTIATION

The attitudes of negotiator were classified into five categories by the Pepperdine
University Institute of Dispute Resolution. This classification explains the possible ways
of approach and their consequences in a very imaginative manner. The five attitudes
are:
1)Compete (I Win- You Lose)
Competitive negotiators pursue their own needs and give little to others.
When to use: When you have an overwhelming clear advantage, need to get a deal done
quickly, or are involved in a one-off transaction like buying a car.
Pitfalls: A high compete style is easy for the other party to prepare for and can often lead to
deadlock. Unchecked competition can also ruin relationships.
Defense: Don’t cave in! Appeasing a competitive negotiator creates an expectation that your
concessions are a sign of things to come.

2. Accommodate (I Lose – You Win)

Accommodating negotiators believe that part of winning people over is to give them what they
want. This not only includes products and services but also valuable information. If you’re going
to roll over, have a good reason.
When to Use: When you find yourself in a weak position and the only option is to give in
gracefully. Sometimes, it’s better to lose the battle and live to fight the war.
Pitfalls: Giving away value too early in the negotiation can give you little to offer later when you
may need a strong card to play. It can also signal that you have deep pockets and much more to
give.
Defense: Beware of gifts as they may have strings attached. Ensure that your counterparty is not
giving something away with the intent to enjoy reciprocity later on.

3. Avoid (I Lose – You Lose)

High avoidance negotiators dislike conflict and can sometimes be passive-aggressive.

When to Use: When the benefit of not negotiating outweighs the value of investing time.
Another great time to avoid a negotiation is when emotions run high and a cool-down period is
required.
Pitfalls: Avoiding negotiations may signal to the other party that you are not interested.
Defense: If your negotiating partner is avoiding you, set clear expectations on timing up front
and consider escalating to a higher level of authority.

4. Compromise (I Lose / Win Some – You Lose / Win Some)

Often thought of as splitting the difference. Compromise often results in both negotiators
settling for less than what they want or need.
When to Use: When pushed for time and have a trusting relationship. Be careful that you win
and lose the right things.
Pitfalls: This style is often used when you’re not prepared and just winging it. The party that
starts with the most ambitious opening position often ends up gaining the most. Beware of
competitive negotiators, they love negotiators who want to compromise and go straight to an
extreme opening position. If you end up splitting the difference, they win by virtue of their
anchoring position.
Defense: If your counter party starts with an extreme opening position, be sure to counter with
an offer that brings them back to reality. If you do retreat from a position be sure to do so with
solid rationale.
5. Collaborate (I Win – You Win)

Often referred to as expanding the pie negotiation style. Collaborators are willing to invest the
time to expand value through uncovering interests.
When to use: When the value in the negotiation is substantial, the relationship is long term and
there is a high risk for both parties.
Pitfalls: It’s dangerous to collaborate with a party who is not reciprocal in the sharing of
information. Make sure to share information at the same level of detail as your counterparty.
Defense: Defend yourself against a collaborative negotiator if you determine that it is not in
your best interest to collaborate. Your time is short, so be careful who you collaborate with.

Con

Remember Before you negotiate, stop and ask yourself:

What is my preferred style of negotiation? The Negotiation Experts will release our on-line
graphical Negotiation Style Profile in 2010. In the interim. In the meantime, the generalist TKI
profile is a reasonable conflict profile. Once you know your style, you've taken the first step to
gaining flexibility in your negotiations. There is much you can do as a member of a negotiation
team, if you know your fellow team members' profiles. Which of these 5 styles best describes
your business client or vendor negotiation relationship? You may find it useful to allocate a
percentage score to each style, and then ask yourself whether you're happy with the current
styles balance. If not happy, then make a plan to migrate to your preferred styles. Don't blindly
apply negotiation style to your negotiation. Work through your list of goals in your concession
strategy, and decide which issues are best to: collaborate, compete, compromise, avoid,
accommodate. Finally - there's very seldom an escape from having to use a competitive style. At
some point, you're going to need to do some claiming or sharing out the value you've created.
So think carefully about which point in the negotiation you need to switch to competing. So if
the other side compete too early, be prepared to pause the negotiation and have words ready
to revert to another style.
 Page no :

Explain the provisions relating to Lok-

Adalat.
 Page No :

3. Explain the provisions relating to Lok-Adalat.

INTRODUCTION:

Lok Adalats are intended to provide quick justice at less expenditure. The Legal Services
Authorities Act, 1987 makes provisions in relation to the establishment, power and functions
etc., of Lok Adalats. Lok Adalats are organized to promote justice on a basis of equal opportunity
and not to deny the justice to any citizen by reason of economic or other disabilities.

The Awards passed by the Lok Adalats are deemed to be the decrees of the Civil Courts or the
Order of any other Court and are binding on all the parties to the dispute. No appeal lies against
an Award. All categories of cases can be settled through Lok Adalats except criminal cases which
are not compoundable. Disputes at pre-litigative stage also can be taken cognizance of by the
Lok Adalat. Lok Adalats had so far resolved some 1,36,00,000 cases. Chapter VI of the Legal
Services Authorities Act, 1987 deals with the Lok Adalats.

ORIGIN OF LOK ADALATS

The concept of Lok Adalats originated in India during the British Rule to curb the voice of the
people. Now, however this concept has been rejuvenated. It has become very popular amongst
litigants. Studies have showed that it is one of the most efficient and important ADR
mechanisms and most suited to the Indian environment, culture and societal interests. Camps of
Lok Adalats were initially established in Gujarat in March 1982 and now have been extended
throughout the country.

The Lok Adalat originated owing to the failure of the Indian legal system to provide fast,
effective, and affordable justice. The evolution of this movement was a part of the strategy to
relieve the heavy burden on the Courts with cases pending disposal.

Lok Adalats are a blend of all three forms of traditional ADR: arbitration, mediation, and
conciliation. They use conciliation, with elements of arbitration given that decisions are typically
binding, and are an illustration of legal decentralization as conflicts are returned to communities
from whence they originated for local settlement

1. Organization of Lok Adalats. (Sec. 19)

(1) Every State Authority or District Authority or the Supreme Court Legal Services Committee or
every High Court Legal Services Committee or as the case may be, Taluk Legal Services
Committee may organise Lok Adalats at such intervals and places and for exercising such
jurisdiction and for such areas as it thinks fit.

(2) Every Lok Adalat organised for an area shall consist of such number of.

(a) Serving or retired judicial officers: and

(b) Other Persons, of the area as may be specified by the State Authority or the District Authority
or the Supreme Court Legal Services Committee or the High Court Legal Services Committee or
as the case may be, the Taluk Legal Services Committee, organizing such Lok Adalat.
(3) The qualifications and experience of other persons referred to in clause (b) of sub-section (2)
for Lok Adalat organised by the Supreme Court.

Rule 13 of the National Legal Services Authority Rules, 1995 prescribes the qualifications and
experience of other persons of the Lok Adalat organized by the Supreme Court Legal Services
Committee specified in sub-section (3) of Section 19 of the Legal Services Authorities Act, 1987.
As such a person hall not be qualified to be included in the Lok Adalat unless

(4) The qualifications and experience of other persons referred to in clause (b) of sub-section (2)
for Lok Adalats other than those referred to in sub- section (3) shall be such as may be
prescribed by the State Government in consultation with the Chief Justice of the High Court.

(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement
between the parties to a dispute in respect of

(i) any case pending before; or

(ii) any matter which is falling within the jurisdiction of, and is not brought before, any court for
which the Lok Adalat is organised. Provided that the Lok Adalat shall have no jurisdiction in
respect of any case or matter relating to an offence not compoundable under any law.

2. Cognizance of cases by Lok Adalat (Sec. 20)

(1) Where in any case referred to in clause (i) of sub-section (5) of Section 19 (i.e. any case
pending before any Court).

(i)(a) the parties thereof agree; or

(b) one of the parties thereof makes any application to the court, for referring the case to the
Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of such
settlement, or

(ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the
Lok Adalat.

(2) Notwithstanding anything contained in any other law for the time being in force, the
Authority or Committee organising the Lok Adalat under sub- section (1)

(3) Where any case is referred to a Lok Adalat under sub-section (1) or where a reference has
been made to it under sub-section (2) the Lok Adalat shall proceed to dispose of the case or
matter and arrive at a compromise or settlement between the parties.

(4) Every Lok Adalat shall, while determining any reference before it under this Act, with utmost
expedition to arrive at a compromise

(5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement
could be arrived at between the parties,

(6) Where the record of the case is returned under sub-section (5) to the court, such court shall
proceed to deal with such case from the stage which was reached before such reference under
sub-section (1).

3. Award of Lok Adalat (Sec. 21)

(1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court, or, as the case
may be, an order of any other court and where a compromise or settlement has been arrived at,
by a Lok Adalat in a case referred to it under sub-section (1) of Section 20, the court-fee paid in
such case shall be refunded in the manner provided under the Court Fees Act, 1870.
(2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute
and no appeal shall lie to any court against the award.

4. Powers of Lok Adalat or Permanent Lo Adalat (Sec. 22)

(1) The Lok Adalat or Permanent Lok Adalat shall, for the purposes of holding any determination
under this Act, have the same powers as are vested in a Civil Court under the Code of Civil
Procedure, 1908 while trying a suit in respect of the following matters, namely:

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

b) the discovery and production of any document;

(c) the reception of evidence on affidavits;

(d) the requisitioning of any public record or document or copy of such record or document
from any court or office; and

(e) such other matters as may be prescribed.

(2) Without prejudice to the generality of the powers contained in sub- section (1), every Lok
Adalat or Permanent Lok Adalat shall have the requisite powers to specify its own procedure for
the determination of any dispute coming before it.

3) All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the
meaning of Sections 193, 219 and 228 of the Indian Penal Code, 1860 and every Lok Adalat shall
be deemed to be a Civil Court for the purpose of Section 195 and Chapter XXVI of the Code of
Criminal Procedure, 1973.

5. Permanent Lok Adalats for Pre-litigation Conciliation and Settlement

Legal Services Authorities (Amendment) Act, 2002 (Act 36 of 2002) provides the provision of
establishment of permanent Lok Adalats for the Pre- litigation Conciliation and Settlement
Establishment of Permanent Lok Adalats.

6. Cognizance of cases by Permanent Lok Adalat

According to Section 22C of the Legal Services Authorities Act, 1987)

(1) Any party to a dispute may, before the dispute is brought before any court, make an
application to the Permanent Lok Adalat for the settlement of dispute.

(2) After an application is made under sub-section (1) to the Permanent Lok Adalat, no party to
that application shall invoke jurisdiction of any court in the same dispute.

(3) Where an application is made to a Permanent Lok Adalat under sub- section (1), it.

7. Procedure of Permanent Lok Adalat

The Permanent Lok Adalat, shall, while conducting conciliation proceedings or deciding a dispute
on merit under this Act, be guided by the principles of natural justice, objectivity, fair play,

equity and other principles of justice and shall not be bound under the Code of Civil Procedure,
1908 (5 of 1908) and the Indian Evidence Act, 1872 (1 of 1872)

Award of Permanent Lok Adalat to be final

(1) Every award made by the Permanent Lok Adalat under this Act shall made either on merit or
in terms of a settlement agreement, be final and binding on all the parties thereto and on
persons claiming under them.

(2) Every award of the Permanent Lok Adalat under this Act shall be deemed to be a decree of a
civil court.
(3) The award made by the Permanent Lok Adalat under this Act shall be by a majority of the
persons constituting the Permanent Lok Adalat.

(4) Every award made by the Permanent Lok Adalat under this Act shall be final and shall not be
called in question in any original suit, application or execution proceeding.

(5) The Permanent Lok Adalat may transmit any award made by it to a civil court having local
jurisdiction and such civil court shall execute the order as if it were a decree made by that court.

8. Miscellaneous provisions

According to Section 23 of the Legal Services Authorities Act, 1987 the members of the Lok
Adalat shall be deemed to be public servants within the meaning of Section 21 of the India Penal
Code, 1860.

According to Sec. 24 of the Legal Services Authorities Act, 1987 no suit, prosecution or other
legal proceeding shall lie against the Central Government, the State Government, Central
Authority, State Authority, Taluk Legal Services Committees and the District Authority.

According to Sec. 25 of the Legal Services Authorities Act, 1987 the provision of the Act shall
have effect notwithstanding anything inconsistent therewith contained in any other law for the
time being in force or in any instrument having effect by virtue of any law other than this Act.

According to Sec. 26 (1) of the Legal Services Authorities Act, 1987 Central Government may
make such provisions not inconsistent with the provisions of this Act as appear to it to be
necessary or expedient for removing the difficulty which arises in giving effect to the provisions
of this Act

Under Sec. 27 (2)(K) and (L) of the Legal Services Authorities Act, 198 the Central Government in
consultation with Chief Justice of India nay, by notification, make rules regarding the
qualifications and experience of other persons of the Lok Adalats organised by the Supreme
Court Legal Services Committee specified in sub-section (3) of Section 19 and other matters
under elmuse (e) of sub-section (1) of Section 22.

Under Section 28 (2) (o) of the Legal Services Authorities Act, 1987, the State Government in
consultation with the Chief Justice of the High Court may by notification, make rules regarding
the qualifications and experience of other persons of the Lok Adalats other than those referred
to in sub-clause (4) of Section 19.

Under Section 30(2) of the Legal Services Authorities Act, 1987 every rule made under this Act
by a State Government shall be laid, as soon as may be after it is made, before the state
legislature and Section 30(1), every rule made under this Act by the Central Government shall be
laid, as soon as may be after it is made, before each House of Parliament.

9. Lok Adalats in Andhra Pradesh

Under Andhra Pradesh State Legal Services Authority Regelations, permanent and continuous
Lok Adalats were set up for concihatory settlernent of disputes.

10. Procedure for organising Lok Adalat (Regulation 29-31)

According to Regulation 29 the secretary of the High Court Committee or the District Authority
or the Chairman of the Taluk Committee, as the case may be, shall convene and organise, Lok
Adalat at regular intervals. The secretary of the High Court Committee or the District Authority
or the Chairman of the Taluk Committee as the case may be shall convene a Lok Adalat as soon
as about 30 cases referred to it under Section 20 of the Legal Services Authorities Act, 1987 or
otherwise, are available for being taken up.

11. Composition of Lok Adalat (Regulation 32-34)

According to Regulation 32, Lok Adalats at different levels should be established.

12. At the High Court Level

The Secretary of the High Court Committee organising the Lok Adalat shall constitute Benches of
the Lok Adalats, each Bench comprising two or three of the following:

(i) a sitting or retired Judge of the High Court,

(ii) a senior member of the Legal profession; and

(iii) a social worker of repute who is engaged in the upliftment of the weaker sections of the
people, including Scheduled Castes, Scheduled Tribes, Women, Children, Rural and Urban labour
and those interested in the implementation of the Legal Services Schemes and Programmes.

Functions of the Lok Adalat:

Lok Adalat can accept only such cases as come within their competence and capability for
disposal. The movement towards organizing of Lok-Adalats came into being in respect of a few
selected matters. All their initial functioning they entertained motor vehicle accident causes and
appeals connected with them. It is hopefully expected that the Lok Adalats would accept other
causes also among them being tenure matters, money causes, so that such disputes are settled
on personal bonds or under takings.

CONCLUSION

The special conditions prevailing in the Indian society require a highly sensitized legal service
which is efficacious for the poor and the down-trodden. The Lok Adalat mechanism is no more
an experiment in the country, it is in fact, a full-proven success that needs to increase its domain
and bring under its realm the several aspects that have been excluded till date.

Lok Adalats can be viewed as an instrument to social change as well. As said by Prof.Menon,”Lok
Adalat has the potential for social reconstruction and legal mobilization for social change. It can
influence the style of administration of justice and the role of the lawyer and judge in it. It can
take law closer to the life of the people and reduce disparity between law in books and law in
action.
The need for Lok Adalats is aggravated by the huge population of India that creates an
unmanageable burden on the Judiciary system. To increase the efficiency of the system of Lok
Adalats, it is crucial for the public, the lawyers, the executive and the Judiciary to work in
harmony and coordination. The people should be made aware of the advantages of the Lok
Adalats.

The main challenge that lies in the path of the success of Judiciary is the
involvement of the masses. In the existing situation, the resort to Lok Adalats has enabled
amicable dispute settlement. The success of Lok Adalats should indeed be measured by the
overall atmosphere generated in the country, not by the number and nature of Lok Adalat held,
cases settled or compensation awarded.
 Page No :

Eligibility to get free legal Aid.

 Page No :

Eligibility to get free legal Aid.

Introduction

According to Government data and figures of various authoritative agencies total

poverty of country stood at 21.9% of the total population, which actually brings
us to a very important point that a person who is not able to afford his 3 times
meal a day, could the same person be expected to take legal aid for any
injustice done to him/her. According to a report poor people often face injustice
every day of their life. Who will come to their rescue? How can they approach
the court if they don’t have a lawyer? Who will represent this marginalised class
of society? Well, the answer to this question will be article 39(A) of the Indian
Constitution which puts an obligation on the state to give legal aid to the
marginalised class of the society.

Courts have also ensured that a person is properly represented by a lawyer and
if he/she is unrepresented then courts have in their various judicial
pronouncements have stated that “Right to Legal Aid” is a legal aid and any
contravention to this rule would constitute as an infringement to one’s legal
right. Thus it provides free and competent legal aid to the weaker section of the
society so that the legal system produces justice on the basis of equal
opportunity.

What is Legal Aid?

The right to free legal aid is a fundamental and constitutional right
designed to ensure that justice is accessible to all, regardless of an
individual’s financial status. It is recognized as a cornerstone of the
legal system in many countries, including India, the right to free legal
aid is enshrined in legal frameworks to guarantee that everyone has
the means to defend their rights, seek justice, and participate
effectively in legal proceedings.
Article 39A of the Indian Constitution directs the State to ensure
that justice is not denied to any citizen due to economic or other
disabilities. This directive principle emphasizes equal justice and free
legal aid.
Right to Free Legal Aid

Each and every citizen who cannot afford legal representation is eligible for a
free and fair legal aid under article 39(A) of Indian Constitution in which state is
obliged to give free legal aid to the weaker section of society and also according
to article 14 and article 22, state is obliged to promote equality for all and also
promotes and propagate justice on the basis of equal opportunity for all person
to the gates of justice. Well, there were constant movements for legal aid when
India became independent but the problems at that time other than justice were
so inherent that government was not able to look at these problems seriously
and therefore was unable to channelize it in a proper format.

Legal Services Authorities Act, 1987

The Legal Services Authority Act offers diverse legal services to the
general public, aiming to create awareness and provide assistance for:
1. Free Legal Awareness: The primary goal of this Act is to educate
the public about laws and schemes issued by public authorities. Legal
service authorities conduct camps and establish aid centers to
disseminate legal knowledge to individuals. These centers serve as
platforms to address the grievances of ordinary people and enhance
legal awareness.
2. Free Legal Aid Counsel: Individuals lacking the means to hire an
advocate for legal representation can seek assistance from free legal
aid counsel. The Act ensures the availability of free legal aid counsel,
and the Council is tasked with aiding needy individuals in obtaining
justice. This approach relieves Indian Courts from the burden of
adjudicating cases by fostering the provision of legal assistance.
3. Lok Adalats – Alternative Dispute Resolution (ADR): Lok Adalats,
initiated in Gujarat in 1982, serve as a significant ADR mechanism for
resolving various disputes efficiently. These Adalats, organized by legal
service authorities, address labor disputes, family issues, and bank
recoveries. With a mix of legal and non-legal professionals on the
bench, Lok Adalats aim to understand disputes comprehensively and
facilitate mutually agreeable compromises.
Constitutional Provisions for Free Legal Aid

The Constitution of India encourages both the people and the government to achieve
full and equal justice for all. It is evident that receiving fair treatment from the courts is
crucial in pursuing justice.

The delivery of justice is the fundamental purpose of the judicial system. Therefore,
ensuring equal and unbiased treatment in court becomes a cornerstone of the society
envisioned by the directive principles of state policy.

Articles 14 and Article 21, which are part of the Fundamental Rights, impose an
obligation on the State to ensure equality before the law and a legal system that
promotes justice based on equal opportunity for all individuals.

In the landmark case of Hussainara Khatoon v. State of Bihar, the Supreme Court
emphasised that free and effective legal aid is integral to the Right to Life under Article
21 of the Constitution.

Justice P.N. Bhagwati, in his observations, stated that a procedure that denies legal
services to an accused person who is too impoverished to afford a lawyer and, as a result,
forces them to go through the trial without legal assistance cannot be considered
reasonable, fair or just.

What is Article 39-A of the Indian Constitution?

The right to legal representation is closely tied to the right to a fair trial, which is
recognised as one of the fundamental human rights. In line with this principle, the
Constitution (Forty-second Amendment) Act, 1976 was introduced, which included the
insertion of Article 39-A.

Article 39-A falls under the “Directive Principles of State Policy” and directs the State to
enact suitable legislation and implement schemes for the provision of free legal aid. This
amendment was introduced to ensure that no citizen is denied the opportunity to seek
justice due to economic or other disabilities.

The inclusion of Article 39-A in the Constitution emphasises the importance of providing
free legal aid to those who are unable to afford it. By introducing appropriate legislation
and schemes, the State aims to remove barriers and ensure that everyone has equal
access to justice.
Institutions Providing Free Legal Services
Several institutions at different levels are responsible for providing free legal services:

 National Level: National Legal Services Authority (NALSA) – Established under

the Legal Services Authorities Act, 1987, the Chief Justice of India serves as its
Patron-in-Chief.
 State Level: State Legal Services Authority – Headed by the Chief Justice of the
State High Court, who acts as its Patron-in-Chief.
 District Level: District Legal Services Authority – The District Judge of the
District serves as its ex-officio Chairman.
 Taluka/Sub-Division Level: Taluka/Sub-Divisional Legal Services Committee –
Led by a senior Civil Judge.
 High Court: High Court Legal Services Committee.
 Supreme Court: Supreme Court Legal Services Committee.

Eligibility Criteria for Free Legal Aid

Free legal aid is primarily intended for marginalised sections of society who cannot afford
access to justice. Section 12 of the Legal Services Authorities Act, 1987 outlines the
eligibility criteria, which include:

 Members of Scheduled Castes or Scheduled Tribes.

 Victims of human trafficking or beggars.
 Women or children.
 Persons with disabilities as defined in the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995.
 Individuals in underserved circumstances such as victims of mass disasters, ethnic
violence, caste atrocities, floods, droughts, earthquakes or industrial disasters.
 Industrial workers.
 Individuals in custody, including those in protective homes.
 In cases before the Supreme Court, individuals with an annual income of less than
Rs 5 lakh and for cases before other courts, individuals meeting the income
criteria prescribed by the State Government.

Scope of Free Legal Aid

Legal services provided under free legal aid cover a range of assistance. According to
Section 2(c) of the Legal Services Authorities Act, 1987, “legal services” include services
related to any case or legal proceeding before a court, authority or tribunal, as well as
advice on legal matters.

Some examples of the legal assistance covered under free legal aid are:

 Representation by an advocate in legal proceedings.

 Payment of process fees, witness expenses and other charges associated with
legal proceedings, in appropriate cases.
 Preparation of pleadings, appeals, paper books, including document translation
and printing.
 Drafting legal documents and special leave petitions.
 Providing advice on legal matters.
 These services aim to ensure that individuals who are eligible for free legal aid
receive the necessary support and guidance to navigate the legal process
Instances When Legal Services Can Be Rejected or
Withdrawn
Legal services can be rejected or withdrawn in certain circumstances. Here are the
situations in which it may occur:

 Adequate Means: If the applicant has sufficient means to access justice and can
afford legal services independently.
 Ineligibility: When the applicant does not meet the eligibility criteria for free legal
aid.
 Lack of Merit: If the application or case lacks merits, meaning there is no
reasonable legal action required.

Cases Excluded from Legal Aid

 Defamation, Malicious Prosecution, Contempt of Court, Perjury: Legal aid is
generally not available for cases related to these offences.
 Election Proceedings: Cases related to election matters are usually not covered
under legal aid.
 Fine Imposed up to Rs. 50: Cases where the imposed fine does not exceed Rs. 50
may not be eligible for legal aid.
 Economic Offenses and Social Laws: Cases falling under economic offences or
offences against social laws may not be eligible for legal aid.
 Lack of Direct Concern: If the person seeking legal aid is not directly involved in
the proceedings, their interests will not be affected.

Withdrawal of Legal Services

The provision of legal services may be withdrawn in the following circumstances:

 Misrepresentation or Fraud: If the legal aid is obtained through

misrepresentation or fraud.
 Material Change in Circumstances: If there is a significant change in the
circumstances of the aided person that renders them ineligible for continued legal
aid.
 Misconduct, Misbehavior or Negligence: When the aided person engages in
misconduct, misbehaviour or shows negligence in their actions.
 Lack of Cooperation: If the aided person fails to cooperate with the assigned
advocate or does not actively participate in legal proceedings.
 Appointment of Another Legal Practitioner: If the aided person chooses to
appoint another legal practitioner instead of the one assigned through the legal
services committee.
 Death of Aided Person (except in civil cases): Legal services are generally
terminated upon the death of the aided person, except in civil cases where legal
representation may continue on behalf of their estate.
 Misuse of Legal Process: If the legal proceedings amount to abuse or misuse of
the process of law or the legal services provided.

Issues and Challenges in Free Legal Aid

Despite the existence of statutory provisions, committees and authorities for providing
legal aid, significant challenges still hinder its effective implementation. Some of these
challenges include:
Lack of Public Legal Education and Awareness

One major obstacle is the poor and illiterate population’s lack of legal education and
awareness. Many people are unaware of their basic rights and the legal aid services
available to them. This lack of awareness hampers the goal of the legal aid movement, as
people are unfamiliar with initiatives like Lok Adalats and Legal Aid.

Lack of Support from Advocates and Lawyers

Many advocates and lawyers prioritise receiving proper fees for their services; only a few
actively participate in social service programs like legal aid. The scarcity of dedicated
legal professionals willing to contribute their services becomes a barrier to delivering
quality legal representation to those in need.

Limited Powers of Lok Adalats

Lok Adalats, though designed to provide alternative dispute resolution, have limited
powers compared to civil courts. They often face challenges related to procedural
limitations and the inability to compel parties to appear for proceedings. Non-
appearance of one party can lead to delays in case disposal.

Underutilisation of Para-Legal Volunteers

Para-legal volunteers play a crucial role in promoting legal aid camps and schemes and
reaching out to marginalised sections of society. However, there is a lack of proper
training, monitoring and verification of these volunteers. Additionally, the number of
available para-legal volunteers is insufficient to cater to the entire population’s needs.

Conclusion
The right to free legal aid underscores the commitment to justice for all, irrespective of
financial constraints. By providing legal assistance to those who cannot afford it, this
right aims to bridge the gap in access to justice and uphold the principles of equality and
fairness in legal proceedings. Efforts to enhance awareness, strengthen legal aid
infrastructure, and promote pro bono legal services contribute to the meaningful
realization of this fundamental right.

The right to free legal aid is closely linked to the broader principles of equality, fairness
and the right to a fair trial. By providing legal assistance to those who cannot afford it,
this right helps uphold the principle that justice should be accessible to all, irrespective of
their financial resources. It also helps mitigate the potential power imbalances in the
legal system.

Overall, the right to free legal aid recognises the importance of ensuring equal access to
justice, promoting a fair and inclusive legal system and safeguarding individuals’
fundamental rights and interests.
 Page No :

Success of mediation depends upon

the role of the mediator". Discuss.
 Page No :

Success of mediation depends upon the role of the mediator". Discuss.

Introduction

“An ounce of mediation is worth a pound of arbitration and a ton of litigation!”- Joseph
Grynbaum Joseph Grynbaum’s statement is not only theoretical but also practical when
seeing the actual international and national diaspora. During the Cold War period, countries
adopted armed force, military force, defensive alliances, diplomacy to solve disputes.
Although Negotiation was adopted, it was to maintain nuclear balance only. It was
implemented to solve the Cuban Missile Crisis. Between 2011 to 2015 the fatalities in
conflict increased by sixfold. 2014 witnessed the Rwandan genocide and was the deadliest
year since the end of the cold war. There are various ways of dealing with and managing
international conflicts including avoidance, withdrawal, bilateral negotiation, third-party
intervention, war, etc. Today we can see that; mediation, as a form of dispute resolution
mechanism at the international platform, has gained quite importance. 174 countries have
adopted provisions for resolving their disputes through a more peaceful method. The main
reason behind this shift is to end all forms of violent measures. In the 2016 General
Assembly, the Secretary-General submitted a report at the 72nd session on the United
Nations highlighting activities supporting mediation as a peaceful medium for settlement of
disputes, conflict prevention and resolution. The report also provided five broad elements
to facilitate a mediation process. These included an enabling environment, design of a
mediation strategy and process, effective operations, implementation and building
capacities.

Countries have approached this medium to solve their interstate conflicts. In this
21st century, mediation is the closest thing that has an effective technique for dealing with
conflicts in a peaceful manner. This can be seen from the various instances where one
country has come forward as a mediator in solving the conflicts between any other two
countries. As per the 2006 “Mediation Style and Crisis Outcome” study, it was found out that
between 1918 and 2001, around 128 crises have been solved through mediation.

Who is a Mediator?
A mediator is a neutral third party who assists both the parties to arrive at a settlement. The
mediator first initiates the meeting, then discusses about the problem in hand and helps the
parties to find possible solutions. It is important for a mediator to be unbiased and neutral.
The mediator does not provide with a solution. Both the parties themselves agree upon
certain terms. A mediator merely helps the parties to express their positions and listens to
their disputes and searches for a solution that address the needs of all and works towards a
fair, workable settlement. The parties themselves are the decision makers
Role of Mediator:

The primary responsibility of a mediator is to promote communication between the parties.

1. Organizing a meeting between the parties: After the mediator has been appointed, it is
vital for the mediator to arrange a time that works for both parties.

2. Review the mediation process. During the initial meeting, the mediator asks the parties to
sign a document outlining the procedures and guidelines. He continues by outlining the
course of the mediation sessions after that.

3. He also asks the parties to briefly summarize the facts from each side’s point of view.

4. He then talks about the situation and tries to come up with a workable solution for both
parties.

Duties of a Mediator:

1. Objectivity – An unbiased mediator is essential. He cannot support a specific side. The

mediator will be replaced by another if it is determined that they are biased toward one
party. The mediator must also let the parties know that they are not in a conflict of interest.

2. Confidentiality – According to the statute, all information gleaned from the mediation
processes must be kept private. If all parties have consented in writing and in writing, the
mediator has the power to provide information about the proceedings to the court.

3. Code of Conduct: The mediator is required to abide by the law. He shouldn’t engage in
any activities that are outside the scope of the litigation.

BENEFITS OF THE MEDIATION PROCESS

No formal court procedures or legal precedents are followed during mediation. The parties
are not forced to agree to a decision by the mediator. The mediator helps to retain a
businesslike approach to dispute resolution in contrast to confrontational forums. In
mediation, there are no predetermined answers. The decision to resolve a dispute belongs
with the parties themselves, and they can seek to coming up with innovative solutions.

1. Confidentiality and privacy – The mediation conference is held in a private location, like a
conference room of one of the Arbitration Associations. There is no public record of
mediation. The secrecy of it is upheld.

2. Time and money are saved because mediation often lasts a day. Due to highly technical
issues or the involvement of several parties, complex problems may take longer. Mediation
typically leads in significant cost savings because it lacks the formality associated with
litigation.
 3.Control – The parties are in charge of their involvement in the mediation. Any time
throughout the mediation, a party may elect to end their involvement. The parties’ control
over the negotiation process is assisted by mediators.

DIS ADVANTAGES OF THE MEDIATION PROCESS

1. Unfairness – In addition, the absence of legal norms makes it impossible to guarantee that
the parties involved will receive a fair trial. Despite the mediator’s best efforts, a combative
party may be able to overwhelm a timid one.1. Power disparities within a family may
therefore result in unfairness in the mediation.
2. .Success is not guaranteed – Mediation may not be successful and the parties may not reach
an agreement. After squandering a large amount of time and money in the mediation, the
parties will next have to turn to the time- and money-consuming court system.
3. Non-binding: The settlement reached during mediation is not legally enforceable. In the
event that the settlement agreement is invalid, the parties may potentially try to contest it.
4. Parties to a settlement may also make an effort to challenge the terms of the settlement
agreement in the event that it is not made legally binding. They might add a new legal
conflict on top of the preexisting one by bringing a new lawsuit challenging the validity of
the settlement.

FUNCTIONS OF A MEDIATOR

The functions of a mediator are to -:

(i) facilitate the process of mediation; and

(ii) assist the parties to evaluate the case to arrive at a settlement

(i) FACILITATIVE ROLE

A mediator facilitates the process of mediation by-

• creating a conducive environment for the mediation process.

• explaining the process and its ground rules.

• facilitating communication between the parties using the various

communication techniques.

• identifying the obstacles to communication between the parties and removing them.

• gathering information about the dispute.

• identifying the underlying interests.

• maintaining control over the process and guiding focused discussion.

• managing the interaction between parties.

• assisting the parties to generate options.

• motivating the parties to agree on mutually acceptable settlement.

 • assisting parties to reduce the agreement into writing.

(ii) EVALUATIVE ROLE

A mediator performs an evaluative role by-

• helping and guiding the parties to evaluate their case through reality - testing.

• assisting the parties to evaluate the options for settlement

Types of Mediation:

1. Facilitative Mediation
A trained mediator tries to help the parties in disagreement negotiate during facilitative
mediation or traditional mediation. The mediator helps parties to a dispute to achieve their
own free resolution by looking into each other’s core interests rather than offering
suggestions or enforcing a conclusion. In facilitative mediation, the mediators frequently
conceal their own opinions on the disagreement.

2. Court-Mandated Mediation

Although mediation is normally seen as an entirely voluntary process, a court that wants to
encourage a quick and inexpensive settlement may decide to impose a mandate on it. The
chances of settling through court-ordered mediation are low when parties and their
attorneys are unwilling to participate, as they might just be going through the motions.
However, settlement rates are substantially greater when parties on both sides see the
advantages of participating in the process.

3. Evaluative Mediation

Evaluative mediation, a style of mediation where mediators are more likely to offer
suggestions and recommendations as well as their opinions, stands in stark contrast to
facilitative mediation. Evaluative mediators may be more likely to assist parties in
evaluating the legal merits of their arguments and making judgements of fairness rather
than concentrating largely on the underlying interests of the parties concerned. Court-
ordered mediation is where evaluative mediation is most frequently employed, and
evaluative mediators are frequently lawyers with knowledge of the subject matter of the
dispute.

4. Transformative Mediation

In transformational mediation, mediators emphasize giving disputants the tools they need
to overcome their differences and helping them see each other’s needs and interests.
Transformative mediation has its roots in the facilitative mediation tradition and was first
introduced by Robert A. Baruch Bush and Joseph P. Folger in their 1994 book The Promise
of Mediation. At its most ambitious, the process seeks to change the parties and their
relationship by helping them develop the abilities necessary to effect positive change.

5. Med-Arb

In med-arb, a hybrid mediation-arbitration process, parties first agree on the parameters of

the procedure.
 They typically concur in writing that the resolution will be binding, unlike in most
mediations. Then, with the assistance of a mediator, they try to negotiate a settlement to
their conflict

Conclusion:

Medication is a structured process in which the mediator assists the disputants to reach a
negotiated settlement of their differences. It is usually a voluntary process that results in a
signed agreement which defines the future behavior of the parties. The mediator uses a
variety of skills and techniques to help the parties reach the settlement, but is not
empowered to render a decision.

Initially Mediation was confined in the areas of disputes relating to labour, and consumer
disputes and in negotiations relating to international affairs, but it has now evolved as a
formal alternative to the traditional procedure of courtroom litigation. It is now wing
extensively used in matters relating to family relations like divorce, disputes arising out of
commercial proceeding and even in disputes relating to the public disputes. Thus mediation
is a growing and an ever evolving legal mechanism. One of the most accepted reasons for
this growing popularity of mediation is the fact and a mindset of people that the process of
mediation provides a conclusion to a dispute that is effective, satisfactory and friendly, and
that the process of mediation is less expensive than the tradition court litigation
 Page No :

Explain the advantages and

disadvantages of alternative
dispute resolution systems
 Page No :

6. Explain the advantages and disadvantages of alternative dispute resolution

systems

Introduction

Alternative dispute resolution (ADR) pertains to a diversity of non judicial methods for
settling dispute. These contain negotiation, mediation, arbitration, conciliation,
confidential judging, impartial expert fact-finding, mini-trial, summary jury trial, and
moderated settlement conferences. Alternative Dispute Resolution (ADR) is the strategy
for settling conflicts without litigation, such as arbitration, mediation, or negotiation. ADR
methods are usually less expensive and more expeditious. They are increasingly being
wielded in conflicts that would otherwise arise in litigation, including high-profile labour
disputes, divorce litigations, and private injury claims. One of the major rationales parties
may incline toward ADR proceedings is that, unlike adversary litigation, ADR protocols
are frequently collective and enable the parties to appreciate each other’s stances. ADR
also enables the parties to appear with more profitable results that a bench may not be
lawfully authorized to inflict.

Few important provisions related to ADR

 Section 89 of the Civil Procedure Code, 1908 provides that opportunity to the
people, if it appears to court there exist elements of settlement outside the court
then court formulate the terms of the possible settlement and refer the same for:
Arbitration, Conciliation, Mediation or Lok Adalat.
 The Acts which deals with Alternative Dispute Resolution are Arbitration and
Conciliation Act, 1996 and,
 The Legal Services Authority Act, 1987

Definition of ADR

Alternative Dispute Resolution includes alternative methods of helping people resolve

legal problems before going to court. There is an involvement in of an independent third
person, called a “neutral” who tries to help resolve or narrow the areas of conflict in
ADR. Alternate Dispute Resolution means the wide variety of methods by which
conflicts and disputes are resolved other than through litigation.

Alternative Dispute Resolution refers to any means of settling disputes outside of the
courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation,
mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and
time delays continue to plague litigants, more states have begun experimenting with
ADR programs. Some of these programs are voluntary; others are mandatory.
Types of ADR:

There are four forms of ADR:

 Mediation
 Arbitration
 Negotiation
 Conciliation

Mediation

The most popular form of ADR is mediation. Mediation is a process of dispute resolution
focuses on effective communication and negotiation skills. The mediator role is to help
the parties in communicating and negotiating more effectively, thereby enhancing their
ability to reach a decision. It is not the mediator’s role to adjudicate the issues in dispute
and indeed the mediator has no right to do so. Mediation is not a process to force
compromise, although compromise is an element of the process.

Each party’s limitations are respected and a party is only expected to make a change in
its approach to the problem if it becomes convinced that it is reasonable to do so. Today
mediation is the most fast growing form of ADR.

Act of mediation in divorce

Mediation plays an important role in family matters. When it comes to solving divorce
cases, mediation has been used to enable both parties to work out an agreed settlement
rather than having one of them imposed outside by the court. The importance of
mediation was supported in the Family Law Act 1996, but it is important to rectify that
there are some potential problems regarding mediation. In marriage management,
mediation is to be provided on a funded basis, by the Legal Aid Board. Mediation will not
to be accepted until and unless it appears to be suitable for the case. There is a Code of
Practice which must keep the chances of understanding under review throughout the
mediation and let clients know about the availability of the independent legal advice.

Arbitration

Arbitration is a process for the resolution of disputes on a private basis through the
appointment of an arbitrator, an independent, neutral third person who hears and
considers the qualities of the dispute and renders a final and binding decision called an
award. The process is similar to the litigation process as it involves adjudication,
however, the parties select their arbitrator and the manner in which the arbitration will
proceed. For example, if the dispute is fairly straightforward and does not involve any
factual questions, the parties may agree to waive a formal hearing and provide the
arbitrator with written submissions and documentation only, called a documents only
arbitration, whereas in other cases the parties may wish a full hearing.

Negotiation

The simplest form of Alternative Dispute resolution. Where both parties have a dispute
they can negotiate a solution themselves. There is no third party of middle man who
facilitates the resolution process or imposes a resolution.

Conciliation

This is very much similar to mediation where a neutral third party helps the parties
resolve their dispute. The conciliator plays a more active role in the process. Conciliation
is not legally binding on the parties.
Advantages of Alternative Disputes Resolutions:-

According to PC. Rao, Secretary-General of the International Centre for Alternative

Dispute Resolutions, the following are the advantages of the Alternative Dispute
Resolutions.

(1) It can be used at any time, even when a case is pending before a Court of Law,
though recourse to ADR as soon as the dispute arises may confer maximum advantages
on the parties; it can be used to reduce the number of contentious issues between the
parties; and, it (except in the case of binding arbitration) can be terminated at any stage
by any one of the disputing parties,

(2) It can provide a better solution to disputes more expeditiously and at less cost than
litigation. It helps in keeping the dispute a private matter and promotes creative and
realistic business solutions, since the parties are in control of the ADR proceedings. ADR
procedures take only a day or a few days to arrive at a settlement.

(3) ADR programmes are flexible and not afflicted with rigours of rules of procedure.

(4) The freedom of the parties to litigation is not affected by ADR proceedings. Even a
failed ADR proceeding is never a waste either in terms of money or time spent on it,
since it helps the parties to appreciate each other's case better.

(5) ADR can be used with or without a lawyer. A lawyer, however, plays a very useful
role in identification of the contentious issues, exposition of the strong and weak points in
a case, rendering advice during negotiations and over-all presentation of his client's
case.

(6) ADR procedures help in the reduction of the work-load of the Courts and thereby help
them to focus attention on the cases which ought to be decided by Courts.

(7) ADR procedure permits parties to choose neutrals who are specialists in the subject-
matter of the disputes. This does not mean that there will be a diminished role for
lawyers. They will continue to play a central role in ADR processes, however, they will
have to adapt their role to ADR requirements.

(8) Alternative Dispute Resolution, through amicable settlement, enables the parties to
resolve the dispute and bury the past, preserve the present relationship; and paves a
better future without unnecessary confrontation and conflict and acrimony.
Disadvantages of Alternative Dispute Resolution (ADR)

1. ADR may not be suitable for every dispute.

2. Some forms of ADR are binding. This means that the parties may give up certain
Court protections, including a decision by a Judge or jury under formal rules of evidence
and procedure, and review for legal error by an appellate Court. If you are not sure if the
ADR method you are using is binding, be sure to ask the neutral this question.

3. There, generally, is less opportunity to find out about the other side's case with ADR
than with litigation. ADR may not be effective if it takes place before the parties have
sufficient information to resolve the dispute.

4. The neutral may charge a fee for his or her service.

5. If a dispute is not resolved through ADR, the parties may have to put time and money
in both ADR and a law suit, afterwards.

6. Law suits must be brought within specified periods of time, known as statutes of
limitations. Parties must be careful not to let a statute of limitations run out while a
dispute is in an ADR process.)

Conclusion

Through this topic I got to learn a new term called alternative dispute resolution (ADR).
Litigation should be the last resort and utilized only if the ADR procedures fail. It is
essential, however, that all of the parties involved in the claim or dispute approach ADR
with an open mind and a willingness to compromise if it is to have any chance of
success. Mediation is mostly used. Arbitration is very useful when it comes to handling
family matters.
 Page No :

Explain the salient features

of Mediation Bill, 2021.
 Page No :

Explain the salient features of Mediation Bill, 2021

INTRODUCTION

While mediation as a means of dispute resolution was always ingrained in Indian

jurisprudence, the parliament for the first time has attempted to streamline mediation and
legitimize its increasing relevance in the life of a dispute, by codifying mediation as a process
of alternate dispute resolution. The Mediation Bill 2021 (“Bill”) was introduced in the Rajya
Sabha on 20 December 2021 with the objective to promote and facilitate mediation,
especially institutional mediation, for resolution of disputes, commercial or otherwise, enforce
mediated settlement agreements, provide for a body for registration of mediators, encourage
community mediation and make online mediation an acceptable and cost-effective process.
The Bill finally came to be passed by Rajya Sabha on 1 August 2023 and thereafter by the
Lok Sabha on 7 August 2023. On 14 September 2023, the President of India gave her
assent, and the Mediation Act, 2023 (“Act”) came into being.

NEED OF A MEDIATION BILL 2021

Arbitration, mediation, conciliation, negotiation, and Lok Adalat are all forms of alternative
dispute resolution used in India. All of these offer a method for resolving conflicts outside of
traditional courts.
In mediation, a mediator does not enforce any decision or settlement on the parties; instead,
they facilitate communication to discuss their differences and come to an amicable
agreement. Currently, mediation does not have a standardized legal procedure and is not
overseen by a specific authority.
So, there is a need for a legal framework that can govern Mediation in India and this Bill will
fulfill the such necessity.

There are currently different ways to start the mediation process:

- First, through the Code of Civil Procedure, 1908's Section 89,

- if there is any contract between the parties that has a clause for mediation, or
- if it is specifically included in any statute that directs the court to order mediation between
the parties.
Ambiguities predominate and cannot be eliminated due to the lack of official authority and
standardization in the procedure. Adequate mediation legislation must be passed in this
circumstance in order to lessen ambiguity.
Additionally, this will relieve the courts of the burden of ongoing litigation. In the case of M.R.
Krishna Murthi v. New India Assurance Co., the Supreme Court acknowledged the necessity
and offered similar recommendations.
A bill on mediation was submitted to the parliament in 2020 with this goal in mind, and it has
since been referred to several standing committees for advice and recommendatio

OBJECTIVES OF THE MEDIATION BILL 2021

The Bill includes a number of commendable provisions, including provisions relating to the
timely completion of mediation proceedings, community mediation, and the establishment of
a Mediation Council of India to institutionalize mediation.

Some objectives of the Mediation Bill include:

⦁ To give Parties the right to seek urgent interim relief through the mediation prior to the
start of, or during the continuation of, court proceedings.
⦁ To mandate individuals attempt to resolve civil or business issues through mediation
before going to any court or tribunal. After two mediation sessions, a party may end the
mediation. The parties may extend the 180-day mediation period by an additional 180 days if
they agree to do so.
⦁ To establish India's Mediation Council. Its duties include recognizing mediation
service providers, mediation institutes, and mediators (which train and certify mediators).
⦁ To specify which issues are unsuitable for mediation (such as those involving criminal
prosecution, or affecting the rights of third parties). This list may be changed by the national
government.

SALIENT FEATURES OF THE MEDIATION BILL 2021

The Bill is broken down into 10 schedules, 11 chapters, and several sections and clauses.
The Bill's various chapters include:
⦁ If the government enacts the bill, Chapter 1 discusses the name, scope, and start
date of the Act.
⦁ The application of the Bill is explained in Chapter 2.
⦁ The idea of mediation, pre-litigation mediation, mediation agreements, and the
authority of courts and tribunals to refer parties to mediation are all explained in Chapter 3.
⦁ Chapter 4 goes into more detail on mediators, including their hiring, firing,
compensation, benefits, and replacement.
⦁ The mediation process and other nuances are described in Chapter 5 of the book.
⦁ The enforcement of mediated settlement agreements is covered in more detail in
Chapter 6.
⦁ The idea of online mediation is explained in Chapter 7.
⦁ The creation of the Mediation Council of India and its other requirements are outlined
in Chapter 8.
⦁ Institutions and service providers for mediation are covered by Chapter 9.
⦁ Community mediation is explained in chapter ten.
⦁ Chapter 11 is a supplemental chapter that addresses cash, accounts, and audits
related to mediation.

APPLICATION OF THE ACT

The Bill's applicability is described in Section 2 of the Bill. It stipulates that mediation will take
place, if:
Every party to a dispute either resides in India, or incorporated, or conducts business here.
Alternatively, a mediation agreement may provide that any such issue would be settled by
mediation in accordance with Bill's provisions.
Additionally, it states that it will not be applicable if one or both parties are Central, state, or
local governments, agencies, public bodies, companies, local bodies, or entities that are
controlled by them unless the dispute is one of commercial nature.
MEDIATORS

The term "mediator" is defined as a person designated to conduct mediation proceedings

under the Bill and who is also registered under one with the council in Section 3(h) of the Bill.
Chapter IV also covers mediators, their selection, dismissal, and the parties' preferences.

TERMINATION AND REPLACEMENT OF MEDIATOR APPOINTMENTS

The parties have the authority to select a mediator for their disputes and the procedure for
the mediator's appointment is provided under Section 10 of the Bill. According to the Bill, the
person must be certified to serve as a mediator.
The mediation service provider shall assign a mediator from the panel within 7 days if the
parties are unable to agree on a mediator or if the mediator decides or declines to act as a
mediator in their case. The service providers must take the parties' preferences into account
while doing this.
Additionally, Section 13 permits the mediator to be dismissed for the following reasons:
On application of the parties, a conflict of interest, or if he decides not to participate as a
mediator himself.
Within seven days of such termination, the service provider will choose a mediator from the
panel once more. (Section 14.)

MEDIATOR'S ROLE

The mediator is required to carry out the following duties:

A mediator is required by Section 12 to reveal any situations that could compromise the
secrecy of the proceedings, his objectivity, or result in a conflict of interest. The right to
object has been granted to the parties following such disclosure. The mediator's
responsibility is to lead mediation sessions.
He will provide them objective advice so they can end their dispute amicably (Section 17).
Additionally, he will guarantee that the norms of voluntariness, confidentiality, and the
parties' right to self-determination are upheld throughout the procedures.
However, in accordance with Section 19 of the Bill, he will not serve as an arbitrator, the
party's counsel, or as a witness in any legal proceedings.

FUTURE OF MEDIATION IN INDIA - MEDIATION BILL, 2021

In India, mediation is not a new trend. However, parties are hesitant to choose it as their
preferred means of resolving disputes. One of the main reasons is that, to this day, all
mediated agreements, with the exception of those pushed through the courts, don't have
specified legal backing.
The Bill seeks to address this looming problem. With this Bill, India will have a separate
Mediation governing statute. Parties will rely upon its provision to enforce settlement
agreements in the court order, and the parties may also get an opportunity to rely upon the
provision in future legal actions.
Enforcing mediated settlement agreements will steer parties toward a more affordable
alternative and lessen reliance on the already overworked court system.

CHALLENGES TO THE MEDIATION BILL 2021/AGREEMENT

With the intention of reducing the backlog of court proceedings, the bill was introduced in the
Rajya Sabha in December 2021. The Rajya Sabha Chairman immediately referred the
measure for consideration once it was introduced. The Mediation Bill, 2021 has not been
passed, because it lacked certain features.
What Problems Has the Panel Highlighted?
⦁ Pre-Litigation: The panel brought up a number of crucial points, such as the coercive
and obligatory nature of pre-litigation mediation.
⦁ Making pre-litigation mediation mandatory may cause case delays and give truant
litigants another tool to postpone case resolution. The panel disagreed with the draft's clause
26 which empowers the supreme court or the high court to enact pre-litigation laws that suit
them.
Which recommendations are made?
⦁ Pre-Litigation: It was suggested to make pre-litigation mediation optional and to
introduce it gradually rather than all at once for all civil and business conflicts. Before
requiring it in additional case types, pre-litigation mediation should be investigated as part of
the Commercial Courts Act, 2015.
⦁ Chairperson selection: The panel proposed that the Chairperson and Members of the
Mediation Council of India be appointed by the Central Government using a selection
committee. According to the bill, those working on "Alternative Dispute Resolution" issues
are eligible to serve as council members and chairman if they demonstrate "ability" and
"knowledge and experience" in mediation.
⦁ Establishment of Mediation Council in Every State: Mediation councils should be
established in every state given the extensive range of responsibilities assigned to the
Mediation Council of India. These State Mediation Councils should carry out any tasks that
the Mediation Council of India may define while operating under its general supervision,
direction, and control.

MEDIATOR’S VIEWPOINT

From the mediator’s viewpoint, the Bill is lacking in nuance. The Bill's Section 15 links the
jurisdiction of a mediation session to the jurisdiction of the courts.
In cases where the court has jurisdiction to hear the dispute, mediation is therefore not
required. If the judgment is in relation to the CPC and conflicts of laws, parties in an ADR
system are allowed to choose the mediation as well as the court's jurisdiction. The Bill also
does not address the repercussions of a mediated settlement agreement that is not
registered or stamped.

CONCLUSION

The Bill is a positive move in the direction of India's goal of enhancing corporate
accessibility. However, it features a number of contradictions that will probably be resolved
by court intervention or legislative revisions.
The proposed legislation would require mediation before starting any civil or business legal
actions. Mandatory pre-litigation mediation is frequently seen as being in conflict with the
core idea of voluntariness that underlies this procedure.
This viewpoint is a little erroneous because parties are not forced to settle disputes; rather,
they are just encouraged to use an alternative method of dispute resolution. While Bill's
procedures are designed to provide the law structure, several of its provisions appear to
undermine the informal and straightforward approach typically associated with mediation.
We anticipate that mediation will continue to be a viable response to the growing backlog of
cases rather than degenerating into a type of mock litigation.
 Page No :

(FORMATS)

Appointment of conciliators
 BEFORE THE SOLE ARBITRATOR SHRI.N.MUTHUKUMARAN ,
ADVOCATE
CHENNAI
A.C.P.(Equitas-LAP)No.66 of 2023
M/s.Equitas Small Finance Bank Ltd ….
Claimant
-VS-
1.Mr.Ranjith Kumar
2. Mrs.Kalaivani.R
3. Mrs.Manjula.D
4.Mrs.Saraswathi.K ….
Respondents
KNOW ALL to whom these presents shall come that We ,the above named RESPONDENT do hereby
appoint M/s.Viswanathan Associates, Adv.Y.R.Pavendhan,Adv.V.Sudhan having office at #1,B2, Ahathian
Appartments, Viswanatha puram 1st Main Road, Kodambakkam, Chennai-600024-(here in after called the
Advocates) to be my/our Advocates in the above noted case and authorize him/them:
-To act, appear, plead in the above noted case in the Court or in any other Court in which the same may be
tried or heard and also in the appellate Courts including High Court subject to payment of fees separately for
each Court by me/us.
-To sign, file, verify and present pleadings, replications, appeals, cross objections or petitions for executions,
review, revision, restoration, withdrawal, compromise or other petitions, replies, objections or affidavits or other
documents as may be deemed necessary or proper for the prosecution of the said case in all its stages.
-To file and take back documents.
-To withdraw or compromise the said case or submit to arbitration any differences or disputes that mayarise
touching or in any manner relating to the said case
-To take out execution proceedings.
-To deposit, draw and receive moneys, cheques and grant receipts thereof and to do all other acts and things
which may be necessary to be done for the progress and in the course of the prosecution of the saidcase.
-To appoint and instruct any other Legal Practitioner(s)/Consultant(sauthorizing him to exercise the power and
authority hereby conferred upon the Advocates whenever they may think fit to do so and to sign the power of
attorney on my/our behalf.
-And we the undersigned do hereby agree to ratify and confirm the acts done by the Advocates or his/their
substitute in the matter as my/our own acts as if done by me/us to all intents and purposes
-And we the undersigned undertake that I/we or my/our duly authorized agent would appear in Court on all
hearings and will inform the Advocate(s) for appearance, when the case is called.
-And I/we the undersigned do hereby agree not to hold the Advocate(s) responsible for the result of the said case in
consequence of his/their absence from the Court when the said case is called up for hearing, or for any
negligence of the said Advocates or his/their substitute
-And we the undersigned, do hereby agree that in the event of the whole or any part of the fee agreed by me/us
to be paid to the Advocate(s) remaining unpaid he /they shall be entitled to withdraw from the prosecution of
the said case until the same is paid up. If any costs are allowed for an adjournment, the Advocates would be
entitled to the same. The fee settled is only for the above case and Court.
IN WITNESS WHEREOF I/we do hereunto set my/our hand to these present the contents of which have been
understood by me/us this day of 2023.
Accepted subject to the terms of fees
Client’s
Signature
 Page No :

(FORMATS)

Arbitral Award
 A.C.No. 452/ 2022

BEFORE THE SOLE ARBITRATOR AT CHENNAI

Monday, the 29th day of May , Two Thousand and Twenty Three
PRESENT
Mr. M. MOHIDEEN PITCHAI, M.SC., B.L.
DISTRICT AND SESSIONS JUDGE (RETIRED)
(Venue: First Floor, No.323/157, Linghi Chetty Street, Chennai-1)

ARBITRATION CASE No.452/2022

In the matter of Arbitration and Conciliation Act,1996. Reference of

Dispute between M/s.Shriram Finance Limited and
Mr.R.KUPENDRAN and another.

Shriram Finance Limited

(Formally known as Shriram Transport Finance Co., Ltd.,)
RepresentedbyitsP.A.Holder Mr.V.Saravanan, Old No.88,New No.167,
2nd Floor, Arcot Road, Vadapalani, Chennai-600 026. …Claimant
,

- Vs -
 A.C.No. 452/ 2022

1. Mr.Kupendran,
S/o. Radhakrishnan,
No.31/14, 11th Street,
Ashok Nagar, Chennai-600 083.
Also at: No.6/10A,Pavu Tholilalar Sanga Street,
Paramakudi,Emeneswaram,
Ramanathapuram-623 701.

2. Mrs.Hamsaveni,
W/o.R.Kupendran
No.31/14, 11th Street,
Ashok Nagar, Chennai-600 083.
Also at: New No.4,Old No.12/115,
Vedathmadath Street,Paramakudi,
Ramanathapuram-623 707...................................................................... Respondents

This Arbitration Case coming before me finally on 12.05.2023 in the presence of

Ms.M.DINESH KUMAR, B.A.,B.L,.Corporate Law Associates, Counsel for the claimant
and the respondents called absent and the matter decided in their absence, upon hearing
the arguments on the side of the Claimant, perusing the material records and having
stood over for consideration till this date, I pass the following:-
 A.C.No. 452/ 2022

AWARD

This Arbitral Reference is made under the Arbitration and Conciliation Act, 1996.

2. Briefly stated, the case of the Claimant in the Claim Petition is as follows:

The 1st Respondent availed a Term Loan of Rs.5,00,000/-from the Claimant by

executing a Loan Agreement dated 30.01.2018. The financial commitment undertaken by
the 1st respondent interest of Rs.2,65,185/- for 60 months is become totalling Rs.
7,65,185/-. The amount is repayable over a period of 60 months commencing from
15.03.2018 and ending with 15.02.2023. The 2 nd Respondent stood as a guarantor for
the loan. The 1st Respondent made total payments of a sum of Rs.4,77,761/- only
towards the loan and failed to pay the balance dues. The respondents had not come
forward to settle the outstanding dues. In view of the Reserve Bank of India circulars
DOR.No.BP.BC.47/21.04.048/2019-20 dated 27th March 2020 and
DOR.No.BP.BC.63/21.04.048/2019 dated 17 th April 2020, moratorium from 01.03.2020
to 31.08.2020 is applicable. As on 07.06.2022, with moratorium, the arrears of
outstanding monthly instalments dues and the balance amount out of the total agreement
value of Rs. 7,65,185/- is Rs.4,04,568.28/- as on 07.06.2022. A legal notice dated
07.06.2022 was issued by the Claimant calling upon the respondents to pay the dues of
Rs.4,04,568.28/- as on that date or to face the Arbitration proceedings by me as
envisaged in the agreement. The Notice to the 1 st Respondent First Address was un-
served as ‘No Such Person’ and 2nd Address was un-served as ‘Left’. And Notice to the
2nd Respondent First Address was un-served as ‘No Such Person’ and 2nd Address was
un-served as ‘Left’ They have not come forward to settle the dues. Hence, the Claimant
filed the present claim petition for recovery of balance amount of sum of Rs.4,04,568.28/-
with interest at 36%.

3. I issued a notice dated 08.07.2022 to the Respondents intimating the fact of my

appointment as the Sole Arbitrator by the Claimant in terms of the Arbitration and
Conciliation Act, 1996 and they were called upon to be present before this Arbitral
 A.C.No. 452/ 2022

Tribunal on 28.07.2022 at 3.00 p.m. The Notice to the 1 st Respondent First Address was
un-served as ‘No Such Person’ and 2nd Address was un-served as ‘Left’. And Notice to
the 2nd Respondent First Address was un-served as ‘No Such Person’ and 2nd Address
was un-served as ‘Left’

4. The Counsel for the Claimant appeared before me on 28.07.2022. But, the
Respondents failed to appear either in person or through their Counsel. It was therefore
decided to proceed with the case in the absence of the both respondents, on the basis
of documents and other materials.
5. Nine documents in Ex.C1 to C9 were marked on the side of the Claimant.
6. Whether the Claim is entitled to get an award as prayed for in the Claim petition?
7. POINT :

(i) Ex.C1 is the Power of Attorney executed by the Claimant Company in favour of their
Authorised Signatory Mr.V.Saravanan. Ex.C2- is the Term loan Agreement Dated
30.01.2018. for availing a Loan of Rs.5,00,000/-by the 1st respondent as a borrower and
Second Respondent stood as guarantor in his personal capacity for the due payment
of the loan. The financial commitment undertaken by the 1 st respondent with interest is
Rs. 7,65,185/-. Ex.C3 is the Statement of account of the loan. Ex.C4 is the office copy of
the legal notice dated 07.06.2022 Ex.C5 and Ex.C6 is the un-served Postal cover from
the 1st respondents. Ex.C7 and Ex.C8 is the Un-served Postal cover received from the
2nd respondent .Ex.C9 is the Office copy of the Incorporation Certificate Dated
30.11.2023.

(ii) As seen from the statement of account of the loan in Ex.C3, the 1st Respondent has
made a payment of Rs.4,77,761/- towards the loan dues. After giving benefit of
Moratorium period from 01.03.2020 to 31.08.2020 as per the Reserve Bank of India
Circulars as stated above, a sum of Rs. 4,04,568.28/- was due as on 07.06.2022. The
notice dated 08.07.2022 by this Tribunal to the both respondents was un-served as
stated above. They have failed appear and to contest the arbitral claim. The statement of
account remains unchallenged. Hence, the claimant has proved through documentary
 A.C.No. 452/ 2022

evidence that the 1st respondent as borrower and the 2nd respondent as guarantor are due
and liable to pay Rs. 4,04,568.28/- towards the loan availed by the 1st respondent. The
claimant has claimed future interest at the agreed rate of 36% p.a. In the facts and
circumstances of the case, I consider it just and proper to award interest at 18% p.a. from
08.07.2022, the date of the claim petition. The point is answered accordingly.

8. In the result, an award is passed against the respondents jointly and severally for
Rs. 4,04,568.28/- (Rupees Four Lakhs, Four Thousand, Five Hundred And Sixty Eight
Twenty Eight Paisa) with future interest there on at 18% p.a. from 08.07.2022. the date
of the claim petition till the date of realization. The point is answered accordingly.

The award is made on this the 29th day of May 2023, signed and sent to the parties.

SOLE ARBITRATOR

List of Witnesses on Claimant’s side:Nil

List of Witnesses on Respondents' side: Nil
List of Documents on Claimant’s side:

Ex.C1 : 12.01.2022 : Power of Attorney- Copy

Ex.C2 : 30.01.2018 : Term Loan Agreement- Original
Ex.C3 : 07.06.2022 : Statement of Accounts -Copy
Ex.C4 : 07.06.2022 : Legal notice-Office Copy
Ex.C5 : 23.06.2022 : Postal Return cover from 1st respondent first address-Original
Ex.C6 : 23.06.2022 : Postal Return cover from 2nd respondent first address –Original
Ex.C7 : 24.06.2022 : Postal Return cover from 1st respondent first address-Original
Ex.C8 : 24.06.2022 : Postal Return cover from 2nd respondent first address –Original
Ex.C9 : 30.11.2022 : Incorporation Certificate-Office Copy
List of Documents on Respondents’ side: Nil
SOLE ARBITRATOR
 A.C.No. 452/ 2022

Mr. M.MOHIDEEN PITCHAI, M.Sc, B.L.,

DISTRICT AND SESSIONS JUDGE (Retd), CHENNAI.

SOLE ARBITRATOR

Arbitration Case No. 452 of 2022

The Award dated 29.05.2023 has been passed in the above arbitration case filed by M/s.
SHRIRAM FINANCE LTD. against you. A copy of the award is sent herewith by
Registered Post

Dated at Chennai this the 29th day of May 2023

SOLE ARBITRATOR
To
.
1. Mr.Kupendran,
S/o. Radhakrishnan,
No.31/14, 11th Street,
Ashok Nagar, Chennai-600 083.

Also at: No.6/10A,Pavu Tholilalar Sanga Street,

Paramakudi,Emeneswaram,
Ramanathapuram-623 701.

2. Mrs.Hamsaveni,
W/o.R.Kupendran
No.31/14, 11th Street,
Ashok Nagar, Chennai-600 083.

Also at: New No.4,Old No.12/115,

Vedathmadath Street,Paramakudi,
Ramanathapuram-623 707.
 Page No :

(FORMATS)

Removal of Arbitrators
SUPERIOR COURT OF THE STATE OF WASHINGTON FOR WHATCOM COUNTY

|
| No.
Plaintiff/Petitioner, |
vs. | ORDER WITHDRAWING CASE FROM
| MANDATORY ARBITRATION (ORWCM)
|
| CLERK'S ACTION REQUIRED - COPY COORDINATOR
Defendant/Respondent | (File with County Clerk]
|

THE UNDERSIGNED ATTORNEYS/PRO SE PARTIES CERTIFY:

 That this case has been settled and may be removed from arbitration.
 That this case is not ready for arbitration and that it should be removed from the active arbitration caseload.
BASED ON THE ABOVE STATEMENTS, IT IS ORDERED that this case is removed from Arbitration and that any future filings in
this matter be filed with the Clerk of the Superior Court..

DONE this day of , 20 .

Judge/Arbitrator
PRESENTED BY: SIGNED:

Attorney for Plaintiff Attorney for Defendant

Typed Name: Typed Name:

Address/Phone: Address/Phone:

OTHER ATTORNEY/PARTY: OTHER ATTORNEY/PARTY:

Name: Name:

Address/Phone: Address/Phone:

Attorney for: Attorney for:

THIS CASE IS NOT DISMISSED. AN ORDER OF DISMISSAL OR A JUDGMENT MUST BE ENTERED IN THE CLERK'S FILE
TO CLOSE THE CASE. THIS ORDER MUST BE FILED IN ADDITION TO A JUDGMENT OR DISMISSAL.

[File with County Clerk] APPENDIX D

ORDER WITHDRAWING CASE FROM MANDATORY ARBITRATION.doc

Page 1 of 1
 Page No :

(FORMATS)

Power of Attorney (Vakalatnama) in

Arbitration Proceedings
 Page No :

(FORMATS)

Appeal petition
Page No :
 Page No :

(PROBLEMS)

Mr. Nandhan catches a thief who is

found to have stolen gold from his

jewellery shop. He decides to

handover the thief to Mr. Murali who

act as an arbitrator. Can Murali decide

this case?
 Page No :

1. Mr. Nandhan catches a thief who is found to have stolen gold from his jewellery
shop. Hedecides to handover the thief to Mr. Murali who act as an arbitrator. Can
Murali decide thiscase?

Fact:

Mr. Nandhan catches a thief who is found to have stolen gold from his jewellery shop. He
decides to handover the thief to Mr. Murali who act as an arbitrator.

Issue:

1. Whether Can Murali decide this case?

2. Whether Can be decide in the Indian penal code 1860 section 380?

3. Whether this case a criminal case or cilvil case ?

Relative provision:-

The Indian penal code 1860

Section 378[2]

Whoever, intending to take dishonestly any movable property out of the possession of any
person without that person’s consent, moves that property in order to such taking, is said to
commit theft.

Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not
the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed
from the earth.

Explanation 2.—A moving effected by the same act which effects the severance may be a theft.

Explanation 3.—A person is said to cause a thing to move by removing an obstacle which
prevented it from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4.—A person, who by any means causes an animal to move, is said to move that
animal, and to move everything which, in consequence of the motion so caused, is moved by
that animal.

Explanation 5.—The consent mentioned in the definition may be express or implied, and may be
given either by the person in possession, or by any person having for that purpose authority
either express or implied.
Section 378 : theft is defined as “the act of taking any immovable property with a dishonest intent
and without the consent of the owner of such property
Punishment

Section 379: Punishment for theft

Section 379 of IPC, 1860 provides for punishment for theft with imprisonment of three years or
more or fine or both. In proper cases the punishment can be reduced.

Section 380: Theft in dwelling house, etc.

A person who commits theft in any building, tent, vessel which is used as a human dwelling or
used for the custody of property, is punishable with imprisonment for a term which may extend to
seven years with fine.

Section 114 in The Indian Evidence Act, 1872

114 Court may presume existence of certain facts. —The Court may presume the existence of
any fact which it thinks likely to have happened, regard being had to the common course of
natural events, human conduct and public and private business, in their relation to the facts of
the particular case

Solution:

woulld not Murali can be decided this cases.That is main of criminal matters. Nandan jewellery
shop. one day the shop in a gold find out thief Nandan is desire to thief hand over to murali.
Arbitrators typically handle civil disputes and not criminal matters. In a case involving theft, it falls
under criminal jurisdiction, and law enforcement agencies or the judicial system would be
responsible for addressing the situation. Arbitrators are generally appointed for resolving private
disputes through alternative dispute resolution methods, and criminal matters are typically
handled by the legal authorities. Therefore, Mr. Murali, acting as an arbitrator, would not have
the authority to decide a criminal case involving theft.

Mr Murali who is act as an arbitrator to consider for the decide this cases into the favour of
Nandan. din Murali the arbitrator this case he supported only for the mediator he is not by decide
the solution and degree is a only for the court of decided the theft is a true or not true to
considerator only for the judges only decide this cases then the judges can be to decide this
cases to arbitrator to promoted this case.

then can be decide this case is for the Murali to Nandan favour of case. then the Murali can be
to decide in the Indian penal code 1860 under section 378 ,379,780 "Theft " to be punished.
whoever to commit theft shall be the punished within 3 years for the improvement of the find with
or both.
LANDMARK CASES:-

Here are some landmark cases related to theft in Indian law:

State of Gujarat v. Memon Mahmed Haji Hasam (1980):

In this case, the accused was found guilty of stealing gold bars from a bank’s strong room. The
Supreme Court held that the accused was guilty of theft as he had taken the gold bars without
the consent of the bank and with the intention of depriving the bank of the gold permanently.

In the case of Ratna Alias Ratan Lal and Anr. v State of Rajasthan,

the victim’s house lock was broken by a few unidentified individuals. Many objects made of gold
and silver were allegedly stolen from that location. The report then said that the total value of the
stolen items and money was Rs. 64,000.
After the accused were found to have stolen items during the inquiry, they were charged under
the virtue of Section 454 and Section 380 of the IPC. They received sentences of two years and
five years of rigorous imprisonment, respectively, in addition to a fine of Rs. 2,500.

Imran Khan v. State of Maharashtra (2019)

In this case, the petitioner was alleged to have stolen certain gold ornaments and some cash. As
the complaint was lodged, the petitioner was arrested and in his possession, the stolen gold
ornaments were found. Additionally, Rs. 25,000 worth of cash was also recovered from him. The
matter went for trial and the petitioner was convicted under Section 380 of the IPC. It was
contended by the petitioner that there was no evidence to convict him. The High Court of
Bombay then held that the petitioner possessed the gold ornaments and cash which were seized
from him and he was unable to justify why he had them. The Court cited Section 114 of The
Indian Evidence Act, 1872 which stipulates that the Court can presume certain facts to be true.
In the current instance, the inability of the petitioner to invalidate the presumption mentioned
under Section 114, his conviction was upheld by the honourable High Court.
 Page No :

(PROBLEMS)

Shanmugam has committed and

offence of grievious hurt against

Jagan. Later Shanmugam and Jagan

compromise the offence before the

Mediation decide the validity of

compromise.
 Page No :

2) Shanmugam has committed and offence of grievious hurt against Jagan. Later Shanmugam
and Jagan compromise the offence before the Mediation decide the validity of compromise.

Fact of the case:

Shanmugam has committed and offence of grievious hurt against Jagan. Later Shanmugam and
Jagan compromise the offence before the Mediation decide the validity of compromise.

Issue of case:

1. Whether Shanmugam as the committed for offence of grievous hurt in jagan,?

2. Whether the Jagan compromise to the shanmugam is valid in mediation ?

3. Whether shanmugam and Jagan comformation the offence of before the mediation
discuss the valid to the confirmations to the validity?

4. Whether it's possible Section 320 of IPC contains situations when grievous hurt is
caused.?

5. Whether it's possible to the shanmugam and Jagan to decide in mediation?

Related provisions:

Causing slight harm or injury to other person is hurt. And when the degree of injury caused to
other person is higher, then it becomes grievous hurt. We cannot make every serious injury in
the category of grievous hurt. Section 320 of IPC contains situations when grievous hurt is
caused. Therefore, hurt and grievous hurt make the difference in the level of degree of harm.
What Causes Hurt
Section 319 of the Indian Penal Code defines hurt.
1. To cause hurt, a person causes bodily pain to the other. Or,
2. One can communicate a disease to the other person. Or,
3. A person may cause infirmity to the other person.
Note: Bodily pain does not include mental pain.

Example 1
A, a person beats B with a stick in order to get his work done. Here A is causing hurt to B by
giving him bodily pain.

Example 2
A, a person suffering from communicable disease deliberately comes in contact with another
person B to make him infected. Here A is causing hurt to B.

Example 3
A knows that B has a weak heart. He deliberately goes to B in the early morning and gives him
news that his son has committed suicide. And B, in consequence of this shock, faces heart
attack. A has caused hurt.

Punishment for Hurt

If any person causes hurt as described in section 319 of the Indian Penal Code, he shall be
punished up to the period of one year or fine or one thousand rupees fine or both.

Causes Grievous Hurt

Section 320 of the Indian Penal Code talks about grievous hurt. There are eight situations or
cases which amount to grievous hurt to a person. These are the situations that cause extreme
hurt to a person.

Eight cases of grievous hurt in IPC are:-

1. Emasculation
2. Injury to Eyesight
3. Deprivation of hearing
4. Loss of Limb or Joint
5. Impairing of Limb
6. Permanent disfiguration of head or face
7. Fracture or dislocation of bone or tooth
8. Endangering life, severe bodily pain, etc.

Section 34:

Acts done by several persons in furtherance of common intention.

When a criminal act is done by several persons in furtherance of the common intention of all,
each of such persons is liable for that act in the same manner as if it were done by him alone.

Section 44

The Indian Penal Code

“Injury”.—The word “injury” denotes any harm whatever ille-gally caused to any person, in
body, mind, reputation or proper•ty.
Solution:

This mediation discuss is a validity is compared.

But is a reason ability reason for the shanmugam as the committed and offence for the previous
to the Jagan is a later to be the shanmugam to Jagan and comparison to offence the before the
mediation is a valid but is the both the parties to decide in the mediation concern only is not be
to the file the case.
But is a shanmugam as the committed and offence of grevious Hut against the Jagan is a can be
filed the cases but he is not to file the case in the court to move the mediation to consult for the
alternative distribute resolution act . Then later sanmugam to offence before mediation to be
solved for the Jagan. The Jagan maybe consulated this mediation is the valid.

But is a Jagan not to be the mediation to be not consult in the cases. Mr shanmugam has the
committed offence is a gravious at against in the Jagan to file the Indian penal code section 320,
section 319 , section 34 to be filed for the shanmugam against. But shanmugam and Jagan to
compromise before the mediation decide.
In many legal systems, the validity of a compromise or settlement in a criminal case depends on
the laws of the jurisdiction. While mediation can be used to resolve disputes, including those
involving offenses like grievous hurt, criminal matters are usually considered offenses against
the state, not just the victim.

In some cases, the legal system might allow for a compromise, particularly if the victim agrees
and it aligns with the laws and policies of the jurisdiction. However, it's important to note that
not all jurisdictions permit compromises in criminal cases. The decision on the validity of the
compromise would depend on the specific laws and regulations governing criminal proceedings
in the relevant jurisdiction. It would be advisable to consult with legal professionals familiar with
the local legal system for accurate advice

May be the mediation decide is a both the parties comparised. Then comparison not to be
satisfied the both the parties to can be move the court.

Land mark cases

Bhupinder Singh v. State of Punjab (1991): This case dealt with the definition of grievous hurt
and whether an injury can be classified as grievous hurt based on the nature of the injury or the
consequences of the injury. The Supreme Court held that the definition of grievous hurt includes
both aspects and that an injury can be classified as grievous hurt based on either the nature of
the injury or the consequences of the injury.

Suresh Kumar v. State of Uttar Pradesh (2001): In this case, the Supreme Court held that the use
of dangerous weapons or the infliction of multiple injuries can be considered as a factor for
determining whether an injury amounts to grievous hurt.
Jacob Mathew v. State of Punjab (2005): This case dealt with the issue of whether a medical
practitioner can be held liable for grievous hurt if a patient suffers an adverse reaction to
medical treatment. The Supreme Court held that a medical practitioner can be held liable for
grievous hurt if the treatment is administered negligently or recklessly.

State of Haryana v. Ram Kumar (2009): This case dealt with the issue of whether an injury can be
considered as grievous hurt if it does not result in permanent disfigurement or disability. The
Supreme Court held that an injury can be considered as grievous hurt if it causes severe pain,
loss of limb or sense, or any permanent injury or disfigurement.

Jitendra Singh v. State of U.P. (2013): In this case, the Supreme Court held that the use of acid to
cause injury can be considered as grievous hurt and that acid attacks are a form of gender-based
violence that require strict punishment. This case led to the addition of Section 326A in the
Indian Penal Code, which deals specifically with the offence of causing grievous hurt by throwing
acid.

Mohd. Hanif Quareshi v. State of Bihar (1958): This case laid down the definition of “hurt” as
given in Section 319 of the Indian Penal Code.

Bhupendra Singh v. State of U.P. (2008): This case dealt with the issue of whether causing hurt
to a person by negligence amounts to an offence under the Indian Penal Code.

State of Punjab v. Iqbal Singh (1991): This case established that in order to constitute an offence
under Section 324 of the Indian Penal Code, the injury caused must be sufficient to put the
victim’s life in danger.

Ravindra Singh v. State of Haryana (2005): This case held that a person can be held liable for
causing hurt under Section 319 of the Indian Penal Code even if the injury caused was not
intended.

Emperor v. Khwaja Nazir Ahmad (1945): This case laid down the principle that a person cannot
be convicted for causing hurt under the Indian Penal Code if the injury caused was not the result
of a voluntary act on the part of the accused.
 Page No :

(PROBLEMS)

In a dispute between Kathir and

Jeniffer, Kavitha was appointed to act

as the arbitrator Ms.Kavitha examined

several witness and documents and

before giving the award declares that

she withdraws her consent to be the

arbitrator. Whether Kavitha act is

valid?
 Page No :

3) In a dispute between Kathir and Jeniffer, Kavitha was appointed to act as the arbitrator
Ms.Kavitha examined several witness and documents and before giving the award declares
that she withdraws her consent to be the arbitrator. Whether Kavitha act is valid?

Fact of the case:

In a dispute between Kathir and Jeniffer, Kavitha was appointed to act as the arbitrator
Ms.Kavitha examined several witness and documents and before giving the award declares that
she withdraws her consent to be the arbitrator.

issue of case:

1. Whether Kavitha act is valid?

2. Weather Kavitha act is valid under the section 14 and 15?
3. Weather New arbitrator to examine Kathir and Jennifer?
4. Whether Kavitha appointment is valid?

Legal provisions:

Arbitration and Conciliation Act, 1996

Termination of mandate of an arbitrator
 Failure or impossibility to act: According to Section 14 of the Arbitration and
Conciliation Act, 1996: (1) The mandate of an arbitrator shall terminate and he shall be
substituted by another arbitrator, if:
 he becomes de jure or de facto unable to perform his functions or for other reasons fails
to act without undue delay, and
 he withdraws from his office or the parties agree to the termination of his mandate.
 (2) If a controversy remains concerning any of the grounds referred to in clause (a) of
sub-section (1), a party may, unless otherwise agreed by the parties, apply to the Court to
decide on the termination of the mandate.
  (3) If, under this section or sub-section (3) of Section 13, an arbitrator withdraws from
his office or a party agrees to the termination of the mandate of an arbitrator, it shall not
imply acceptance of the validity of any ground referred to in this section or sub-section
(3) of Section 12.
Termination of mandate and substitution of arbitrator
According to Section 15 of the Arbitration and Conciliation Act, 1996
 In addition to the circumstances referred to in Section 13 or Section14, the mandate of an
arbitrator shall terminate:
o where he withdraws from office for any reason; or
o by or pursuant to agreement of the parties.
 Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed
according to the rules that were applicable to the appointment of the arbitrator being
replaced.
 Unless otherwise agreed by the parties, where an arbitrator is replaced under sub-section
(2), any hearings previously held may be repeated at the discretion of the arbitral
tribunal.
 Unless and otherwise agreed by the parties, an order or ruling of the arbitral Tribunal
made prior to the replacement of an arbitrator under this section shall not be invalid
solely because there has been a change in the composition of the arbitral tribunal

Solution:

Yes Kavitha act is the valid . but but in the section 15 clearly explain it for the Termination sub
section 1 ) in addition to the circumstances referred the section 13 or section 14 the mandate of
arbitrator of shall be Terminate. a) where he withdraws from office for any reason.then section
14 sub section 14 3 it shall not imply acceptance of the validity of any ground refferd to in this
section or sub section 3 of section 12. Kavitha withdrawal of consent to be the arbitrator after
examining witnesses and documents may raise concerns about the integrity of the arbitration
process. In general, an arbitrator should maintain impartiality and commitment throughout the
proceedings. Withdrawing consent at such a late stage could be viewed as a breach of that
commitment. The validity of Kavitha action may depend on the applicable arbitration laws or
rules. In many jurisdictions, withdrawing consent after substantial proceedings may not be
considered valid, and it could potentially affect the enforceability of the award. otherwise the
agreed by the parties for other arbitrator with consent but the party is non be consent. the chief
judiciary will be take this cases to finalized the award.may be examiner several weakness and all
the document the before the given the award the new appointed in arbitrator
Related case law:

In Santosh Singh Arora v. Union of India, [(1992) 1 SCC 492], it has been observed that when
the office of an arbitrator falls vacant because of the termination of his mandate, a new arbitrator
can be appointed in his place in accordance with the same procedure which was applicable to the
first appointee. A person so appointed shall have the same powers in respect of the reference and
award as if he were appointed in accordance with the agreement. Arbitration must be confined to
disputes which were the subject-matter of reference before the first arbitrator. Now disputes
arising subsequent to the reference cannot be raised before the substituted arbitrator.

In Anil R. Shah v. V. Virjlal Lalloobhai and Co., [AIR 1999 Bom. 67), it has been observed that
since the Arbitration and Conciliation Act, 1996 prescribed no procedure, arbitrator can fix it.
The procedure adopted must be fair so as to enable the parties to have the fullest cooperation. It
has been held that when the subsequent arbitrator pass an award on merits, it is not for the High
Court to entertain objections on the ground that they relied on an earlier proceedings, it being
their discretion to do so.

Indian Oil Corporation Ltd. V. Raja Transport (P) Ltd., ( Appeal no. 5760 of 2009): In this case,
the Supreme Court of India held that an arbitration award can be set aside if the arbitrator
exhibits bias or misconduct that affected the fairness of the arbitration proceedings.

National Insurance Co. Ltd. V. Boghara Polyfab (P) Ltd.(2007 (4) ARBLR 533 Bom, 2007 (4)
BomCR 684): In this case, the Supreme Court of India held that a court can interfere with an
arbitration award if it finds that the award is patently illegal or perverse, or if there is a violation
of natural justice.
These cases reflect the Indian legal framework for the termination of arbitration proceedings,
and provide guidance on the specific requirements and limitations for terminating arbitration in
India.
 Page No :

(PROBLEMS)

The workers of Rajan Mills Ltd., issued a

strike notice demanding bonus at the rate of
25%. The same was denied by the
management. The conciliation officer
issued notice to both the sides directing for
conciliation proceedings. Mr.Mukundan, an
advocate, represented the management
and the same was objected by the workers.
Decide.
 Page No :

4) The workers of Rajan Mills Ltd., issued a strike notice demanding bonus at the rate of 25%.The
same was denied by the management. The conciliation officer issued notice to both the sides
directing for conciliation proceedings. Mr.Mukundan, an advocate, represented the management
and the same was objected by the workers. Decide.

Fact of the case:

The workers of Rajan Mills Ltd., issued a strike notice demanding bonus at the rate of 25%. The
same was denied by the management. The conciliation officer issued notice to both the sides
directing for conciliation proceedings. Mr.Mukundan, an advocate, represented the management
and the same was objected by the workers.

Issue of case:

1. Whether workers demand notice is validity?

2. Whether The workers strike is legal followed ?
3. Whether Workers strike Why was the same was denied by the management ?
4. Whether why will be asked for the workers bonus at the rate of 25% in Rajan Mills ltd ?
5. Whether the conciliation officer issued the notice to the both the side directing for the
conciliation proceeding why mukundan an advocate to represented the management side
asked the questions?

Legal provisions :
Solution :

In this situation, the objection of the workers to Mr. Mukundan representing the management
during conciliation proceedings is a valid concern. It's essential for both parties to have
representation that ensures a fair and unbiased negotiation.

The conciliation process aims to find a resolution, and having an advocate solely representing
the management might be perceived as imbalanced. The appointment of a neutral party or
ensuring workers have adequate representation could facilitate a more equitable negotiation.

Related case law:

(State of Bihar vs. kripa Shankar Jaiswal)

A dispute is an industrial dispute even where it is sponsored by a union which is not

registered but the Trade Union must not be on unconnected with the employer or the
industry concerned.

(Express Newspapers (Private) Ltd. Vs. First Labour Court, West Bengal & Others)

Where an individual dispute is espoused by union the question of the employee being a
member of the union when the cause arose is immaterial. Those taking up the cause of
the aggrieved workman must be in the same employment i.e., there must be community
of interest when the act complained against happened and not when the dispute was
referred to.