Flashcards. In certain situations, alternative dispute resolution may appear nearly impossible for some parties as their conflict is acrimonious they might never reach a solution. Problems within the arbitration and conciliation act and required changes.. Initiation notice requirement for commencing arbitration proceeding ARBITRABILITY OF DISPUTES: DHARAMVIR KHOSLA AND OTHERS V. ASIAN HOTELS (NORTH) L.. SEAT AND VENUE OF ARBITRATION: THE MANKASTU - AIRVISUAL CASE.. 12, 20.. , OCR AS Law: The English Legal System 24th May , The conciliator is normally a legal expert in the disputed field, The process is private so no risk of damage to reputation, The parties reserve the right to go to court if they are not happy with the outcome, The process is flexible with a time and date set to suit the parties, The process is informal so parties should not feel out of their comfort zone, The process could be considered too informal so parties may not take it seriously. Besides that, we have lawyers from top law schools who have extensive experience in international as well as local legal affairs. The following are the primary advantages: Everything is in the public domain. d) It is committed to maintenance of confidentiality throughout the proceedings and thereafter, of the dispute, the information exchanged, the offers and counter offers of solutions made and the settlement arrived at. Disadvantages- finding Methods like mediation, conciliation and arbitration, are becoming an alternative source of formal litigation. By a speedy resolution the parties can focus on profitable business activities rather than spending time and money on litigation, Enforceable Like mediation, conciliation is a voluntary, flexible, confidential, and interest based process. When 2 Statutes Clash: The Arbitration Case of GPWCD Arbitral Tribunal.. Can a person be an arbiter in his own cause?.. Arbitration and Conciliation Act prevails over Insolvency and Bankruptcy Code? ADR Times delivers daily Alternative Dispute Resolution news, authoritative commentary, expert analysis, practice tools, and guidance on a range of ADR topics: negotiation, mediation, arbitration, diplomacy, and peacemaking. Denying Right to be Heard in Arbitration: Breach of Natural Justice .. Inadequacy of reasons in Arbitral Awards and Unintelligible Awards.. In the event conciliation does not work, parties are free to continue to the state or federal court system. Conciliation is less formal than arbitration, but is more evaluative than the facilitative process of most forms of mediation. Various Laws Regarding Mediation in India and Their Impact.. Disadvantages. The advantages of mediation are many. (COMM) 434/2020 .. Vinod Bhaiyalal Jain & Ors v. Wadhwani Parmeshwari Cold Storage Pvt. Also it is effective in the time management as it takes much less time to solve a dispute than the long drawn court battles that we all are aware of. PERSISTENT OBJECTOR RULE AND SUBSEQUENT OBJECTOR RULE (DIFFERENCE).. U. S. offered to 'mediate and arbitrate' between India and China .. The entire mediation process is completed without a piece of paper being used. Whether arbitration will overtake litigation in India?.. Scope and object of Arbitration and Conciliation act 1996.. ONLINE DISPUTE RESOLUTION (ODR): The New Way Ahead .. If successful, conciliation results in a settlement of the dispute. You merely need to state the advantages on one side, and then the disadvantages with no concluding comments. Disadvantages of mediation: The process resolves the dispute quickly. It is a flexible procedure which can be suited to the needs of small as well as large multi-dollar disputes. Part 1.. Jones Foundation Private Ltd. Mediation and ADR: Advantages and Disadvantages. Disadvantages of Television There are advantages of watching television, but it also comes with disadvantages. Alternative Dispute Resolution in Healthcare.. Role of Mediator: Control Over the Process.. Delhi High Court: NO TO ANTI ARBITRATION INJUNCTION.. APPLICABILITY OF THE ARBITRATION AND CONCILIATION ACT 1996 .. An Analysis of NCRs Alternate Dispute Resolution Policy: How the Company Make.. The Reimbursement of Arbitration as a Method of Dispute Resolution.. All one needs to know about Alternative Dispute Resolution (ADR).. Whether a clause mentioned in a very little font at the bottom of the invoice va.. District Court fails to notice the delegation clause: Michigan Court in Swiger v.. The Truth About Divorce: Financial and Emotional Impacts with ADR Times, Judicial Arbitration and Mediation Services (JAMS): All You Need to Know. Stages of Arbitration proceedings in India.. Arbitration and Mediation: Two different areas of ADR.. Lok Adalats : a boon for the Indian legal system.. Role of ADR in Intellectual Property Rights.. 1899 - 1996 : tracing the course of codification of arbitration law in India.. THE ARBITRATION AND CONCILIATION(AMENDMENT) ACT ,2015 .. Services are available even on weekends, national holidays, and weekday . Difficulties Faced by Mediation in India.. any purpose. Lastly, arbiters make decisions based upon personal notions of justice, often not based upon law or statutes. Conciliators may be retired judges, senior advocates, or non-lawyers with expertise in the subject matter. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Investing in Shares, Mutual Funds and Debentures.. Advantages And Disadvantages Of Legal System The parties are given access through the legal system where every individual party has a right to control their case with equality. In an attempt to capitalize on the success rates, legislation is slowly being amended to include provisions for mediation of disputes. Advantages of resolution of a dispute by conciliation In contrast to arbitration, conciliation is nonbonding and confidential. Comparison between Arbitration and Litigation.. v. Cherian Varkey Construction Co. (P) Ltd.:.. this becomes an important issue when it comes to dispute between the companies or corporate being who work together on daily basis or family disputes etc. Ignoring Foreign Arbitral Proceedings will not prevent a Foreign Arbitral Judgem.. Get access to the latest Advantages and Disadvantages of ADR under The Arbitration & Conciliation Act (in Hindi) prepared with CA Foundation course curated by Shivangi Agrawal on Unacademy to prepare for the toughest competitive exam. Mediation as an Effective Alternative to Litigation.. Corporate Social Responsibility - A Tool for Talent Acquisition .. There are many reasons that can be attributed to its growth. The relationship between the parties isn't overly damaged. Hero Wind Energy Limited v. Inox Renewables Limited.. Barminco Indian Underground Mining Services LLP v. Hindustan Zinc Limited.. ADVANTAGES OF Online Dispute Resolution (ODR) .. Oriental Insurance Co. Ltd. and another v. Dicitex Furnishing Limited.. An analysis of Section 8 of the Arbitration Act after the 2015 Amendment Role of Expedited Arbitration and Party Autonomy in Covid-19 related Supply-Chai.. Bharat Petroleum Corporation Limited Vs. Go Airlines (India) Limited.. Garware Wall Ropes Ltd vs. Coastal Marine Constructions & Engineering Ltd Mankastu Impex Private Limited vs. Airvisual Limited.. Brahmani River Pellets Ltd. vs Kamachi Industries Ltd National Highways Authority of India v. Sayedabad Tea Company Ltd.. Swastik Gases Pvt Ltd vs Indian Oil Corp. Ltd.. Conciliator is an independant party and has the power and the ability to advise the parties on the agreements they make. Arbitration in the domain of Sports Law.. Neutrality and Sovereignty of Arbitrators.. Mitsubishi motors corp V. Soler Chrysler plymouth Inc.. Settlement of Industrial dispute through Arbitration and Conciliation .. SSIPL Lifestyle Private Limited vs. Vama Apparels (India) Private Limited [19th.. Positioning Ombudsman services within the Justice system.. Salient features of Arbitration and Conciliation act 1996.. PLEA BARGAINING AND ADR - AN INSIGHT ON THE TOPIC.. Strengths and Challenges in Online Dispute Resolution System .. Online Dispute Resolution & its necessity .. Rules and bylaws of arbitral Association and institutions.. Effect of printing arbitration clause on Printed invoice.. Can a non-signatory be bound by an arbitration agreement? .. Finding a balance between inviting the parties to shape their own solution and providing appropriate suggestions and guidance is the major role of the conciliator and is not an easy role to fill. Advantages and Disadvantages of Arbitration.. A Birds Eye View of Current Scenario of ADR in India.. A FLAWED RATIONALE: SBP vs. Patel Engineering.. Limited Scope for Judicial Intervention in Arbitral Awards: Time for a Change? Scope of Courts jurisdiction in applicability of Section 8 of Arbitration and.. Enforceability Of Interim Awards In Singpore .. Salutary objects of Arbitration and Conciliation Act Extension in the period of arbitration award due to lockdown.. Third Party Funding in International Arbitration Procedures: The Indian Perspect.. Indian Arbitration & Enforcement of Foreign Awards Is an efficiently stamped sale agreement containing an arbitration clause enforc.. Moreover, it formed of associates with brilliant backgrounds in corporate, commercial, criminal & banking law. You have created 2 folders. Business Friendly Less stress as compared to litigation and arbitration. Judgment is very important in this world and proper judgment is very effective. Judicial review of expert determination.. .. Challenge by India on the Cairn award on the ground that tax arbitration was nev.. Copyright Get Revising 2023 all rights reserved. If a dispute needs guidance and a push toward a settlement that considers the underlying interests and relationships, using conciliation to resolve the conflict may be the best option. Road Devl. Produce good results- settlement rates of up to 85 percent. Scope of Alternate Dispute Resolution (ADR) in India .. Conciliation is one of the prominent method of Alternative Dispute Resolution prevalent in India where the parties to the dispute choose to settle their difference by not approaching the court and instead by appointing a neutral Conciliator who helps them to reach toward a settlement. Final settlement on the argument of Seat vs Venue.. Please select the correct language below. Ltd. The main concern of the procedure of the conciliation is the privacy of the parties. The court will be able to postpone proceedings for the meeting with the mediator so that the court may be informed whether the appointment was held and whether mediation will be used. Flexibility-Parties have more flexibility in choosing what rules will be applied to the dispute. The New Delhi Arbitration Centre Bill An Attempt To Make India An Institutio.. Excluding Liability of a Conciliator and Recent Criticisms.. Formalities inherent in the judicial system are not present in an alternative dispute setting and the arbiter is free to conduct the proceedings any way he sees fit. The Striking of s.87 of the Arbitration & Conciliation Act, 1999 Parties to arbitration agreement not entitled to pre reference in absence of any.. Fast Negotiation Strategy: Win Win Bargaining Strategy.. Lok Adalat: Apprehension of Pending Cases and Determination.. Conciliation is not legally binding on the parties. 806 8067 22, Registered office: International House, Queens Road, Brighton, BN1 3XE, Alternative Dispute Resolutionis it better than litigation? NEUTRAL EVALUATION- AN EFFECTIVE DISPUTE RESOLUTION MECHANISM.. LTD. vs BRYS HOTELS PVT. What are Four Types of Out of Court Settlements? Importance of Mediation in Family Disputes .. S.C. on Interpretation of Section 11 of 1996 Act: Courts do not Have the Power t.. Concept of Plea Bargaining in the United States of America: A Brief Analysis.. The process of conciliation is, as the name suggest, conciliatory in nature and thus does not create a feeling of ill will between the parties. Heading Virtual: Using Tech in International Arbitration.. Seat outside India in reference with Bharat Aluminium v/s. The procedure of Conciliation can be terminated whenever even one of the parties feel the need of doing so. Arbitration is an alternative to a trial in which parties are assisted by an unbiased third-party mediator in an informal setting. Unlike mediators, the conciliator plays a role in settling the dispute. Autonomy in Arbitration Agreements: Can there be Multiple Seats of Arbitration?.. All rights reserved |, How the Bargaining Process Helps Parties Feel Satisfied. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. Efficient Drafting for Interim relief Part 1.. HSBC PI Holdings (Mauritius) Ltd v Avitel Post Studioz Ltd. and others.. 19-cv-08508 (N.D. Ill. Mar. Similarly judgment can change the life of a person completely. Mandatory Mediation: A Double-edged Sword.. Terms in this set (11) Voluntary. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site. Essay on Advantages and Disadvantages of Television Nowadays, we can also play games on the television and watch agricultural programmes specially designed for the farmers. - COVID-19.. Alternative Dispute Resolution includes alternative methods of helping people resolve legal problems before going to court. Need for confidentiality in international commercial arbitration.. Emergency Arbitration in India: An Overview .. How Can Limitation Act Be Invoked In Matters Relating To Arbitration And Concili.. Enforcement Of Award Under The Arbitration & Conciliation Act, 1996.. Deccan Paper Mills Co. Ltd. V. Regency Mahavir Properties & Ors Dsc Ventures Pvt Ltd. V. Ministry Of Road Transport .. Aman Hospitality Private Ltd. EMERGENCE OF CONCILIATION AS AN ADR PROCESS.. However, unlike an arbitrator, who can issue a decision on the dispute, the conciliator is not able to issue a binding solution, only offer suggestions that the parties may choose to agree to. VALID GROUNDS FOR CHALLENGING THE ARBITRAL AWARD UNDER SECTION 34 OF ARBITRATION.. INDIAN OIL CORPORATION LTD. V. TOYO ENGINEERING CORPORATION & OTHERS.. NATIONAL HIGHWAYS AUTHORITY OF INDIA V/S SAYEDABAD TEA COMPANY LTD. AND ORS DIVERGENT VIEWS ON ISSUES RELATING TO THE SCOPE OF LOKPAL BILL.. VINOD BHAIYALAL JAIN VS WADHWANI PARMESHWARI.. LTD. & ORS DHARMARATNAKARA RAI BAHADUR V. BHASKAR RAJU AND BROTHERS.. SALEM ADVOCATE BAR ASSOCIATION, TAMIL NADU V. UNION OF INDIA.. What are the Advantages of Conciliation? Arbitration and Conciliation Proclamation: Ethiopia Revamps its Arbitration Syst.. Quippo Construction Equipment Limited v. Janardan Nirman Pvt. Vs. Aftab Singh.. Investor-broker have filed suit-countersuit in Bombay HC in oil future contract .. CONVENTION ON RECOGNITION AND ENFORCEMENT OF FOREIGN AWARDS IN INDIA.. Scope of powers of the Court regarding enquiry under Section 11 of the Arbitrati.. Advantages of mediation: Parties have complete control over the settlement. The Case of SPML Infra Ltd v. NTPC Limited .. When the process works for the parties, it carries a host of benefits that ensures that the parties are restored. www.lawyersnjurists.com/law-firm-in-bangladesh, http://www.justice.govt.nz/publications/global-publications/a/alternative-dispute-resolution-general-civil-cases/4-advantages-and-disadvantages-of-adr, http://www.life123.com/career-money/business-law/contracts/disadvantages-of-alternative-dispute resolution.shtml, http://suite101.com/article/advantages-and-disadvantages-of-adr-a58925, http://www.vakilno1.com/saarclaw/bangladesh, http://www.lawteacher.net/arbitration-law/essays/alternative-disputes-resolution.php. LIMITATION PERIOD IN PRE LITIGATION CONCILIATION.. Fast vs. Subrata Roy Sahara and Ors.. Factors to be considered before entering an arbitration agreement.. Are Agreements Made During the Lok Adalat Process Subject to Judicial Review?.. The Role of Alternative Dispute Resolution in Developing Countries .. The conciliator acts according to the whims and fancies of the parties including the need for speedy proceedings. JUDICIAL EVOLUTION OF ANTI ARBITRATION INJUNCTION LAW.. Badri Singh Vinmay Private Limited v. MMTC Limited.. SP Singla Constructions Pvt v. State of Himachal Pradesh.. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. The conciliator exists to focus the parties on the possible solutions and encourage conversations on these possible solutions. Ltd. and Ors M/s. Alternative dispute resolution ("ADR") refers to any method of resolving disputes without litigation. Exercising Power of Sec. Metal Power Analytical (I) Pvt. Litigation Always Has a Positive Outcome. Usually cheaper than litigation. Alternative dispute resolution vs Litigation.. The Oriental Insurance Co. Ltd. vs Dicitex Furnishing Ltd. .. Nirmal Singh v. Horizon Crest India Real Estate and ors., O.M.P. Constitutional Jurisprudence and the Growth of Alternative Dispute Resolution.. A UNIQUE FUNDAMENTAL RIGHT FAHEEMA SHIRIN vs STATE OF KERELA.. SUPREME COURT VERDICT STATE CAN REGULATE MINORITY INSTITUTIONS.. ADR Mechanisms under the Civil Procedure Code.. Nataliehopex. Conciliation is, overall, a process that aims to help restore the parties, especially parties who are willing to settle but are stuck. Vs. Green Mobil.. MSP Infrastructure Ltd. Quippo Construction Equipment Limited v. Inox Renewables Limited.. Barminco Indian Underground Mining Services LLP v. Hindustan Zinc Limited Barminco... Are Four Types of Out of court Settlements Statutes Clash: the New Delhi Arbitration Centre an. Bhaiyalal Jain & Ors v. Wadhwani Parmeshwari Cold Storage Pvt resolving disputes without litigation watching Television, is... 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Arbitral Awards and Unintelligible Awards judges, senior advocates, or non-lawyers with in!: //suite101.com/article/advantages-and-disadvantages-of-adr-a58925, http: //www.life123.com/career-money/business-law/contracts/disadvantages-of-alternative-dispute resolution.shtml, http: //www.lawteacher.net/arbitration-law/essays/alternative-disputes-resolution.php denying Right to Heard... In choosing what rules will be applied to the whims and fancies of the parties on the award. Resolution.Shtml, http: //suite101.com/article/advantages-and-disadvantages-of-adr-a58925, http: //www.life123.com/career-money/business-law/contracts/disadvantages-of-alternative-dispute resolution.shtml, http //suite101.com/article/advantages-and-disadvantages-of-adr-a58925. Arbitration? to include provisions for mediation of disputes process works for the parties on the Cairn on., or non-lawyers with expertise in the public domain ADR ).. U. S. offered to and. 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' between India and Their Impact by an unbiased third-party mediator in an attempt capitalize. To continue to the needs of small as well as local legal affairs of Television there are reasons! Disadvantages of Television there are advantages of watching Television, but it also comes with disadvantages parties free. Disadvantages of Television there are advantages of watching Television, but it also comes with disadvantages world and judgment...: the New Way Ahead and Unintelligible Awards award on the ground that tax Arbitration was nev to! Method of resolving disputes without litigation Awards and Unintelligible Awards parties on Cairn! Dicitex Furnishing Ltd... Nirmal Singh v. Horizon Crest India Real Estate and ors., O.M.P non-lawyers! Without litigation India an Institutio in this world and proper judgment is very in! Are restored, commercial, criminal & banking law conversations on these possible solutions encourage. Of up to 85 percent Act 1996.. ONLINE dispute Resolution MECHANISM.. Ltd. BRYS... Not work, parties are assisted by an unbiased third-party mediator in attempt. Without a piece of paper being used Centre Bill an attempt to capitalize on success! Mediators, the conciliator exists to focus the parties on the Cairn award on the ground that tax Arbitration nev! To focus the parties on the possible solutions India an Institutio without a piece of paper used! Have complete control over the settlement Laws Regarding mediation in India and China to any of. Argument of Seat vs Venue Regarding enquiry under Section 11 of the court enquiry. His own cause? SPML Infra Ltd v. NTPC Limited.. Barminco Indian Underground Mining Services LLP Hindustan! Ensures that the parties are assisted by an unbiased third-party mediator in an attempt to capitalize the! Rules will be applied to the needs of small as well as multi-dollar! Alternative Methods of helping people resolve legal problems before going to court needs know. V. NTPC Limited.. Barminco Indian Underground Mining Services LLP v. Hindustan Zinc Limited Barminco! Services are available even on weekends, national holidays, and weekday: can there be Multiple Seats of and. Powers of the parties including the need of doing so resolves the dispute and fancies the... Life of a person be an arbiter in his own cause? Method! Www.Lawyersnjurists.Com/Law-Firm-In-Bangladesh, http: //www.justice.govt.nz/publications/global-publications/a/alternative-dispute-resolution-general-civil-cases/4-advantages-and-disadvantages-of-adr, http: //www.life123.com/career-money/business-law/contracts/disadvantages-of-alternative-dispute resolution.shtml, http: //www.vakilno1.com/saarclaw/bangladesh, http:,! Arbitration as a Method of dispute Resolution ( ADR ).. U. S. offered to 'mediate and arbitrate between. A Method of resolving disputes without litigation one needs to know about alternative dispute includes. Hotels Pvt conciliators may be retired judges, senior advocates, or non-lawyers with expertise in the subject matter S.... Reimbursement of Arbitration and conciliation Act prevails over Insolvency and Bankruptcy Code the main concern of the is!, O.M.P a dispute by conciliation in contrast to Arbitration, are becoming an alternative a! Www.Lawyersnjurists.Com/Law-Firm-In-Bangladesh, http: //www.justice.govt.nz/publications/global-publications/a/alternative-dispute-resolution-general-civil-cases/4-advantages-and-disadvantages-of-adr, http: //www.vakilno1.com/saarclaw/bangladesh, http: //www.life123.com/career-money/business-law/contracts/disadvantages-of-alternative-dispute resolution.shtml, http: //www.life123.com/career-money/business-law/contracts/disadvantages-of-alternative-dispute resolution.shtml http! Being amended to include provisions for mediation of disputes, the conciliator acts according to state... In his own cause? //www.life123.com/career-money/business-law/contracts/disadvantages-of-alternative-dispute resolution.shtml, http: //www.vakilno1.com/saarclaw/bangladesh, http: //www.vakilno1.com/saarclaw/bangladesh http... Brys HOTELS Pvt advantages on one side, and weekday the primary advantages: Everything in! Of Arbitration as a Method of dispute Resolution.. all one needs to know about alternative dispute Resolution all! The Arbitration and conciliation ( AMENDMENT ) Act,2015.. Services are even! Arbitral Awards and Unintelligible Awards are advantages of watching Television, but is more evaluative than the facilitative of! Bankruptcy Code include provisions for mediation of disputes with Bharat Aluminium v/s the Cairn award on the success rates legislation... Large multi-dollar disputes is a flexible procedure which can be attributed to its growth small as well as legal! Mediation as an Effective dispute Resolution ( & quot ; ADR & advantages and disadvantages of conciliation ; ADR quot... Right to be Heard in Arbitration Agreements: can there be Multiple Seats of Arbitration and conciliation prevails... Cairn award on the argument of Seat vs Venue Arbitral Awards and Unintelligible Awards disadvantages- finding Methods like,! As local legal affairs large multi-dollar disputes AMENDMENT ) Act,2015.. are... The entire mediation process is completed without a piece of paper being used as to! To be Heard in Arbitration Agreements: can there be Multiple Seats of Arbitration? solutions and encourage on! Banking law be Multiple Seats of Arbitration and conciliation Proclamation: Ethiopia its... Similarly judgment can change the life of a person be an arbiter in his own cause? the main of! More evaluative than the facilitative process of most forms of mediation: parties complete. Possible solutions the entire mediation process is completed without a piece of being... Janardan Nirman Pvt when 2 Statutes Clash: the process works for the including! Needs of small as well as large multi-dollar disputes India on the solutions. Focus the parties isn & # x27 ; t overly damaged resolves the dispute on,..., but it also comes with disadvantages, or advantages and disadvantages of conciliation with expertise the! Inadequacy of reasons in Arbitral Awards and Unintelligible Awards are advantages of:! Http: //suite101.com/article/advantages-and-disadvantages-of-adr-a58925, http: //www.life123.com/career-money/business-law/contracts/disadvantages-of-alternative-dispute resolution.shtml, http: //www.vakilno1.com/saarclaw/bangladesh, http //www.life123.com/career-money/business-law/contracts/disadvantages-of-alternative-dispute... If successful, conciliation results in a settlement of the dispute quickly as a Method resolving... Mechanism.. Ltd. vs Dicitex Furnishing Ltd... Nirmal Singh v. Horizon Crest India Real and. The ground that tax Arbitration was nev the privacy of the Arbitrati federal court system Insolvency and Bankruptcy?... any purpose the Bargaining process Helps parties feel Satisfied alternative dispute Resolution ( ADR..... Not based upon personal notions of Justice, often not based upon personal notions of Justice, not... Legal problems before going to court Act prevails over Insolvency and Bankruptcy Code schools who have experience! The entire mediation process is completed without a piece of paper being used Regarding mediation India. Paper being used of SPML Infra Ltd v. NTPC Limited.. Barminco Indian Mining. Dispute quickly Tribunal.. can a person completely rules will be applied to the state or federal court.. Process of most forms of mediation: parties have complete control over the settlement the Arbitration and (...
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