ALTERNATE DISPUTE RESOLUTION RESOLVES FIGHT BETWEEN TWO OR MORE BUSINESS ENTITIES
The present day discourse on the need to evolve Alternative Dispute Resolution mechanisms tends to focus upon the large, and almost unmanageable, the docket of litigation before the courts.
Commercial Co-founder Mediation technique is the need of the hour
THERE IS NEED TO RESOLVE INTELLECTUAL PROPERTY DISPUTES IN SMALL TIME FRAME TO OBVIATE BIG MISTAKES WHICH MIGHT HAMPER FUTURE GROWTH OF ANY BUSINESS
As per section 89 of the Code of Civil Procedure, where it appears to the Court that there exist elements hinting towards a peaceful settlement mutually acceptable to the parties, the Court shall formulate the terms of the settlement and give them to the parties for their perusal and on the receipt of the response of the parties, the Court may reformulate the terms of a possible settlement and send for reference for:-
- a judicial settlement including settlement through Lok Adalat
However, there has been a difficulty in understanding due to the obscure meaning stated of judicial settlement and mediation in subsection c and d, respectively, of Section 89 of the Code of Civil Procedure.
R.V. Raveendran, J in the case of Afcons Infrastructure Ltd. and Anr. Vs. Cherian Varkey Construction Co. (P) Ltd. and Ors referred to
“Mediation“ as a technique to form a non-binding dispute resolution with the assistance of a neutral third party who tries to help the disputing parties to arrive at a negotiated settlement. It is also known as ‘conciliation.’
Mediation, in simpler words, is a procedure to settle disputes in a collective setting of the mediator and the disputed parties along with their respective counsel within four walls to bring both parties to terms with each other.
They have been broadly defined in FOUR 4 parts:-
- the rigidity of procedures; and
- a reduction in the participatory role of parties.
With the increasing burden on the law courts of dealing with the whopping number of cases, mediation is the key to ward off long and lengthy procedure.
The above fact is applicable in all cases including the intellectual property disputes, also.
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We at TCIS, India BELIEVE mediation is a voluntary and a non-coercive form of conflict management, wich is highly practical within the intricate dynamics of international relations, dominated by the principles of preservation of actors, independence and haptonomy.
Footnotes:  “WORLD TRADE ORGANIZATION” (WTO | intellectual property (TRIPS) – what are intellectual property rights?) Definition of Intellectual Property Rights
 “WORLD TRADE ORGANIZATION” (WTO | intellectual property (TRIPS) – frequently-asked questions) Categories of IP Rights