Alternative dispute resolution (ADR; known in some countries, such as India,as external dispute resolution) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.
A comparative table - Judicial Process v/s Arbitration v/s Mediation.
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This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
LLB LAW NOTES ON PUBLIC INTERNATIONAL LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
The presentation TRANSFER OF PROPERTY ACT, 1882 includes the object of the Act, property, transfer, nature of transfer, kinds of transfer, the difference between movable and immovable property etc.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
Arbitration and mediation are different forms of Alternative Dispute Resolution (ADR) processes. Disputing parties can use both processes to resolve disputes without going through the usual time and money-consuming court processes in seeking relief through damages or other means. These processes are used to resolve issues that border on civil matters, such as commercial disputes and contractual breaches. Mediators and arbitrators cannot handle criminal matters as it falls exclusively under what only the court can handle. They are similar in that they resolve disputes outside court proceedings, but both have their peculiarities.
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
The presentation TRANSFER OF PROPERTY ACT, 1882 includes the object of the Act, property, transfer, nature of transfer, kinds of transfer, the difference between movable and immovable property etc.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
Arbitration and mediation are different forms of Alternative Dispute Resolution (ADR) processes. Disputing parties can use both processes to resolve disputes without going through the usual time and money-consuming court processes in seeking relief through damages or other means. These processes are used to resolve issues that border on civil matters, such as commercial disputes and contractual breaches. Mediators and arbitrators cannot handle criminal matters as it falls exclusively under what only the court can handle. They are similar in that they resolve disputes outside court proceedings, but both have their peculiarities.
Alternative dispute resolution and civil litigation barriers to access to jus...QUESTJOURNAL
ABSTRACT: Civil law is the predominate system of law in the world. Civil law as a legal system is often compared with common law. The main difference that is usually drawn between the two system is that common law drawn abstract rules from specific cases, whereas civil law with abstract rules which judges must then apply to the various cases before them. Civil law has its roots in Roman law, Common law and the Enlightenment, alongside influence from other religious laws such as Islamic Law. The legal system in many civil law countries are based around one or several codes of law which set out the main principles that guide the law. On the other hand, Criminal Law as offences and prescribes punishment for them. It not only precludes or prevents crimes but also punish the offender. It is necessary for the maintenance of law, order and peace within state. In criminal cases, it is the state which initiates proceeding against the offender. Laws relating to the Civil Proceeding as the Code of Civil Procedure 1908; the Civil Courts Act 1887; the Suit Valuation Act 1887; the Limitation Act 1908; the Registration Act 1908; & the Specific Relief Act 1877.
Professional Lawyer Dr. Hassan Elhais details about choosing the right mediator in contractual disputes. For more details, information: https://www.professionallawyer.me/.
Fundamentals of Labor Arbitration - Glossary of Termsknobles11
This file is a glossary of terms pertinent to labor arbitration. The glossary is based on the book, "Fundamentals of Labor Arbitration," by Jay E. Grenig and Rocco M. Scanza
Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts; the admission to the practice of law, the Integrated Bar; and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts the same grade, and shall not diminish, increase or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
In response to rising court costs, delays and congestion, the need to facilitate access to justice and to provide more 'effective' forms of dispute resolution, the phenomenon known as ADR was born.
This presentation provides an overview of Alternative Dispute Resolution (ADR) and different ADR mechanisms used all over the world.
Similar to Comparison between Judicial Process vs Arbitration vs Mediation (20)
In today's fast-paced and highly competitive workplace, communication and presentation skills are critical for success. Effective communication and presentation skills allow individuals to convey their ideas clearly and concisely, build strong relationships with colleagues and clients, and achieve their professional goals. Whether it's making a sales pitch, presenting a proposal, or leading a team meeting, the ability to communicate and present information in a compelling and engaging manner is essential. As workplaces become increasingly global and diverse, the importance of communication and presentation skills only continues to grow. In this presentation, we will explore the relevance of these skills in today's workplace and provide tips for improving them.
#CarshRead - 7 Types of Conflicts at WorkplaceJharna Jagtiani
#Conflict is inevitable - it's a #FactOfLife.
No two people are the same, and when our different #motivations, processes, and #goals clash, conflicts arise. Conflict isn't always something to #fear, however, because out of conflict comes #change.
Conflict in the #workplace is painful. There's no getting around it. It's also a #reality in every #organisation. It can dramatically impact #morale and #productivity of employees is an organisation.
So many conflicts in life are caused by a lack of or #PoorCommunication, and the workplace is no different.
#Misunderstandings, closed-mindedness, and passive-aggressive behaviour all contribute to the following workplace conflicts.
Here are 7 types of conflict one usually face at the workplace -
In mediation generally a third party is involved who acts as facilitator. In a typical mediation, there is always a win – win situation. Mediation comprises of an act of bringing two parties in a dispute closer together towards an agreement through alternative dispute resolution. It is a dialogue in which a neutral third party, the mediator, using appropriate techniques, assists two or more pairs to help them negotiate an agreement, with concrete effects, on a matter of common interest.
Mediation applies to different fields, with some common peculiar elements and some differences for each of its specialities. The main fields of mediation include commerce, legal disputes and diplomacy, but other forms of mediation appear in other fields as well.
In other words, mediation covers any activity in which impartial third party(often a professional)facilitates an agreement on any matter in the common interest of the parties involved.
There are many benefits of mediation which should be explained to the clients early in the process.
Infographic - Indicators of Effective MediationJharna Jagtiani
Mediation is often assessed in terms of single factor only whether involved parties reached settlement or not, irrespective of the way in which it was steered or the quality of the outcome.
While effectiveness of outcome is obviously important, there is wider range of indicators of a competent and effective mediation.
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When an individual has expired, the surviving members certificate is often required for the purpose of settlement of claims in respect of the deceased by the surviving members of the deceased family.
Surviving certificate is the certificate given to surviving member of the decessed person . And legal heir is the next person for the claims of the decessed person. Having it doesnot mean you can acquite the property for that you need succession certificate from court by filing succession suit.
A prenuptial or pre-marriage agreement is a contract signed by the to be married couple and witnessed by friends and family. Being a contract, the prenuptial agreement, popularly known as the prenup, is governed by the Indian Contract Act, 1872. It lays down the liabilities, distribution of assets and custody of children, if any, of the parties in the event of a dissolution of marriage through divorce. Such a contract would normally include a clause relating to separate property, shared property, amount of alimony, maintenance issues, custody of children, so and so forth.
Source: www.lawfultalks.com
The object of active listening in conflict resolution is to acquire and demonstrate understanding of the other, which will serve as a basis for reaching joint decisions and resulting in resolving a conflict. In order to succeed in this, active listening has to focus on common problems in oral interpersonal communication. This presentation mentions the few ways in which active listening can be practiced and deal with communication pitfalls during mediation.
Mediation is a process of third-party involvement in a dispute. A mediator cannot impose an outcome but rather assists the disputing parties in reaching their own agreement.
Mediation can be used in a wide range of disputes, including labor disputes, public policy disputes, disagreements among nations, family disputes, and neighborhood and community quarrels.
According to research, about 80% of dispute mediations lead to resolution.
It is common, when listening to someone else speak, to be formulating a reply whilst the other person is still talking. However, this means that we are not really listening to all that is being said.
Even good listeners are often guilty of critically evaluating what is being said before fully understanding the message that the speaker is trying to communicate. The result is that assumptions are made and conclusions reached about the speaker's meaning, that might be inaccurate. This and other types of ineffective listening lead to misunderstandings and a breakdown in communication.
There are many things that get in the way of listening and you should be aware of these barriers, many of which are bad habits, in order to become a more effective listener.
Barriers and bad habits to effective listening can include:
Leadership is, most fundamentally, about changes. What leaders do is create the systems and organizations that managers need, and, eventually, elevate them up to a whole new level or . . . change in some basic ways to take advantage of new opportunities.
—John P. Kotter
Leadership is about influence—the ability to influence your subordinates, your peers, and your bosses in a work or organizational context. Without influence, it is impossible to be a leader. Of course, having influence means that there is a greater need on the part of leaders to exercise their influence ethically.
Leadership operates in groups. This means that leadership is about influencing a group of people who are engaged in a common goal or purpose.
Leadership includes the achievement of goals. Therefore, leadership is about directing a group of people toward the accomplishment of a task or the reaching of an endpoint through various ethically based means. Leaders direct their energies and the energies of their followers to the achievement of something together. Thus, leadership occurs in, as well as affects, contexts where people are moving in the direction of a goal.
Leaders and followers share objectives. Leadership means that leaders work with their followers to achieve objectives that they all share. Establishing shared objectives that leaders and followers can coalesce around is difficult but worth the effort. Leaders who are willing to expend time and effort in determining appropriate goals will find these goals achieved more effectively and easily if followers and leaders work together. Leader-imposed goals are generally harder and less effectively achieved than goals developed together.
Workplace Conflict & Strategies for ManagementJharna Jagtiani
Conflict is a normal and natural part of any workplace. When it occurs, there is a tendency for morale to be lowered, an increase in absenteeism and decreased productivity. It has been estimated that managers spend at least 25 percent of their time resolving workplace conflicts – causing lowered office performance.
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others
The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.
Mediation is a process of third-party involvement in a dispute. A mediator cannot impose an outcome but rather assists the disputing parties in reaching their own agreement.
Mediation can be used in a wide range of disputes, including labor disputes, public policy disputes, disagreements among nations, family disputes, and neighborhood and community quarrels.
According to research, about 80% of dispute mediations lead to resolution.
5 Important Supreme Court Judgments on Indian Evidence Act, 1872Jharna Jagtiani
The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.
The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Until then, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, religious faith and social position. The Indian Evidence Act introduced a standard set of law applicable to all Indians.
The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation.
The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that time, India was a part of the British Empire. Over a period of more than 125 years since its enactment, the Indian Evidence Act has basically retained its original form except certain amendments from time to time.
Amendments:
The Criminal Law Amendment Act, 2005
This Act is divided into three parts and there are 11 chapters in total under this Act.
> Part 1: deals with relevancy of the facts. There are two chapters under this part: the first chapter is a preliminary chapter which introduces to the Evidence Act and the second chapter specifically deals with the relevancy of the facts.
> Part 2: consists of chapters from 3 to 6. Chapter 3 deals with facts which need not be proved, chapter 4 deals with oral evidence, chapter 5 deals with documentary evidence and chapter 6 deals with circumstances when documentary evidence has been given preference over the oral evidence.
> Part 3: consists of chapter 7 to chapter 11. Chapter 7 talks about the burden of proof. Chapter 8 talks about estoppel, chapter 9 talks about witnesses, chapter 10 talks about examination of witnesses, and last chapter which is chapter 11 talks about improper admission and rejection of evidence.
Source: Wikipedia
Negotiation is a dialogue between two or more parties, with the intent of coming to a mutually agreed solution, because each party has something the other wants.
Successful negotiation is an art form that comes naturally to some, but must be learned by most.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Comparison between Judicial Process vs Arbitration vs Mediation
1. Comparison Between Judicial Process v/s Arbitration v/s Mediation
Sr.
No
Judicial Process Arbitration Mediation
1. Judicial process is an adjudicatory
process where a third party (Judge /
Other Authority) decides the outcome.
Arbitration is quasi – judicial
adjudicatory process where the
arbitrator(s) appointed by the court or
by the parties decide the dispute
between the parties.
Mediation is a negotiation
process and not an adjudicatory
process.
The mediator facilitates the
process.
Parties participate directly in
the resolution of their dispute
and decide the terms of
settlement.
2. Procedure and decision are governed,
restricted and controlled by the
provisions of the relevant statutes.
Procedure and decision are governed,
restricted and controlled by the
provisions of the Arbitration and
Conciliation Act, 1996.
Procedure and settlement are
not controlled, governed or
restricted by statutory
provisions thereby allowing
freedom and flexibility.
3. The decision is binding on the parties. The award is binding on the parties. A binding settlement is reached
only if parties arrive at a
mutually acceptable
agreement.