Professional Documents
Culture Documents
other limitations.
ble environment
Editor
ditional courts to seek redress for online disputes is not a feasible option in
most cases. It is in this context that the
topic of online dispute resolution (ODR)
becomes critically important. Parties
involved in an online transaction can
elect to place a term in the contract
governing their relationship that binds
them to submit any disagreement that
MEERZA ZAHEER
HAPPY DAYS
February
2015
10
Riots & Resolution
EXPERIMENTING WITH MARRIAGE
06
PREFACE
11
21
46
58
18
Meerza Zaheer
Editor Consultant
Joshy George
Sub Editor
Chief Operating Officer
Head Research Group
Seena Huzain
Prakash K. Pillai
Adv. Rajesh, Emirate Advocates,
Dubai
Jamie Pennings(USA)
Adv. Aliyar,
N.Gopinathan, Inspire- Creations
Vinu Kumar,
Abdul Razack (UAE)
Adv. Manuel Vivera
Mopesang Valath
Garcia M.T.Gopalakrishnan
Research Associates
64
70
Marketing Consultant
Marketing Operations
PERSPECTIVE OF A MEDIATOR
Legal Advisor
Artist Visualizer
Layout & Design
Courtesy (first issue)
OUR PATRONS
Justice P.K Shamsuddin
Sebastian Paul Ex MP
Siddique (Cine Director)
Prof. David Larson(ODR Hamline
University St Paul,USA)
Ernest Theissan (CEO,iCan Systems Inc, Vancoever, Canada
Editorial Contacts :
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PREFACE
expenses.
portal
The significance of the vided in the portal where Ak- make possible for those who
portal (www.mediatoraf- shaya centres and other as- do not avail the services of
Akshaya Centres
sociations like Kudumbasree
fair.com)
Delivering legal as well as so-
and
residential
particularly
individu-
local
types
the devel-
business
portal.
respective
jurisdic-
establish-
to the authorized
amicable
agreement
tions to a common
ments, in-
Non Governmental
dustries,
Agencies (NGOs)
corpo-
shaya segment of
rate etc..
bent on resolving
In
themselves.
segment,
upon reaching an
agreement
the
gally
enforce-
a creation of dispute
www.mediatoraffair.com tiative to provide the portal with the society. So far Akshaya
able
award
society
over
there
are
of
ADR
provi-
site.
risdictional com-
egoistic attitudes of
petence.
their disputes.
well.
TWO. The software MASS TWOs services are infinite and it can
userfree.
extend its vibrant attitude towards resolving all types of civil cases
MASS TWO can do what human minds alone cannot- model the
Much more than simply providing the functionality of spreadsheets and calculators, the software
MASS TWO captures the complexities of real-world situations and provides a practical real-time
tool that modern negotiators, mediators, arbitrators, businesses and governments alike have hither-
to only dreamed of. The introduction of settlement to agreement building, deal making and dispute
resolution can be likened to the advent of CAD software (replacing pencil and paper) for engineers
The two measures of a good agreement resulting out of resolution process by means of the software
MASS TWO are EQUITY and EFFICIENCY. Equity has to do with fairness, i.e., how benefits are
divided among the parties. This decision, of course, must be determined by the parties themselves.
However, the software facilitates this by simultaneously revealing acceptable solutions. Once the
Equity problem is solved, software can focus on efficiency, which has to do with the total quantity of
of an automated arbitrator or
benefits. The software MASS TWOs objective is to make sure no value is left on the table at the
ONLINE
The other related segment is MIND MASTERY. The online and offline methods of psychologi-
DISPUTE RESOLUTIONS
(ODR) which even facilitates
cal attempts in respect of transition of traits which facilitates the mitigating of stubborn attitudes of
be final.
certain individuals which adversely affects the ADR (mediation) process, tackling the social issues
mainly in respect of present day phenomenon like divorce (about providing online training to the
parties to the marriages and online and offline counselling in respect of pre-marital and post-marital
hitches), enhancing memory and children empowerment etc under the MIND MASTERY pages.
their
It is left to you. The issues without the criminal colour can be adopted for such alternative resolution
process.
Please visit:
favourite
videoconfer-
www.mediatoraffair.com
line
technologies
is taking time to
heal the shock).
Isaac an ardent fan
EXPERIMENTING WITH
MARRIAGE
Shazia,
has no second
thoughts but to
Aisha is also
working in a
BPO firm in
the outskirts
of the city.
Before we
go to the
facts and
the details
of the
dispute,
it is ideal
to have
brief
digging
Isaac
ervations. Unlike
of the marriage.
reservations about
desperation started
losing patience. He
attempts to beat
attitudes while
help of a mediocre
10
sharp turn so as to
take time to
better-half.
be unsuccessful to be preten-
11
relationship.
with Aisha.
ed with divinity.
tomed with a
to Isaacs physical
which ultimately
agitated Isaac
and he started
torturing Ai-
being affectionate
sha physically.
Isaacs intoler-
ance inspired
loving Isaac to
ical torturing of
were together.
consistent state of
Appreciating Ai-
ples bedroom.
family members
Aisha is wholehearted-
of both have
started persuad-
by Isaac on Aisha
the
strange Arithmetic?
RESOLUTION
to the end.
separation.
Analytical Study
12
Here
in this case, the couple entered the conjugal life without
knowing the sacredness and
the inviolability of the institution of the marriage. They
dont mind dare calling off their
relationship in haste as if they
were just throwing away some
vegetables or articles which
they dislike. Aisha became
quite understanding when she
realised that some dire consequences have started confronting her. Aisha never thought in
the beginning that she would
be thrown away only because
of her immature and indifferent
attitude but it was true that
she learnt things quite slowly
and she has started remoulded her role of a wife and the
love and the affection she
already having in her mind for
her husband Isaac is more and
enough to cope up with the
situations. But unfortunately
OUR MEDIATOR FEB
13
spouses wife.
Suggestions for a
right resolution
There is a need to
Isaac in particular
to psycho analytical
counselling cen-
Isaac is found to be
grandmother.
Latest Report
divorce.
to
the mar-
14
15
RESOLUTIONS
of Preethi and
termed him
children. Mahesh
as a clown
running
taken back.
Preethi au-
come of Preethi
tomatically
the effect
made herself
available for
enough to provoke
supporting
Mahesh and he
her moth-
er. Mahesh
to his mother-
was taken
in-law and as a
aback. He left
an academic maturity. He is
his younger
hospitalised. This
daughter with
of this
16
17
bands house.)
Latest Report
different turn.
a transformation of character
18
COVER STORY
T
I am impressed with the Chief
Ministers stand on a contentious issue like this... The step
taken by the Chief Minister despite the criticism by vested
interests and lobbies - I would
like to place on record my appreciation for the chief minister, Mr Harsh Vardhan, Union
Health Minister remarked.
Minister remarked.
Trouble Maker
of Kerala.
availability of alcohol.
street fights.
Thirteen-year-olds
have
started walking into bars,
stuffing their uniform in their
school bag and downing
pegs of hard liquor.
highlighted
rising
alcohol
21
the people.
financial year.
competitor.
ernment aims at
total pro-
h i -
the drunkards.
state
total
prohibition
within
a de-
tourists in India.
cade.
Under
the new
p o l i c y,
for sure.
nearly 400
retail
liquor
outlets
of
bition
by
Lanka has
been re-
port-
edly
ers associ-
ation in the
Supreme
Court which
add-
quer.
i n g
p u b s
and
to lure foreign
Beverages
state
Corpora-
stage
tourists.
However, the new
policy has been
challenged by
the bar own-
has
direct-
ed the High
bars
Court
to
take
a decision on the
closure of bars under
was submitted.
star categories.
the Comptroller
Bar Owners Association The Foreign Liquor (third was shown as major source of
hit back at Government amendment) Rules 2014 is making the project commercialstill born and a nullity for the ly viable. Major IT companies
move the High Court
criminatory, besides an
unlawful
recommended
tember 30.
curtailment
of
the Governor
in office.
trade.
The
expected
tourism.
Court of Kerala
ques-
Bickerings
in
the
Ruling Party did not let
Government maintaining
complacency but sharp
at countering the move of
Bar Owners
ceased to be
substantial revenue of
Pointing
that
the
also
not be renewed
as they were operating
without
maintaining the
stan-
owners
bar
five-star hotels.
tels.
of the government.
liquor ban.
10,000 crore.
favour of prohibition.
al of their license.
cost.
Kerala.
star ho-
tels
progressive policies,
in response to a batch of
development
business in liquor.
Meanwhile,
Sudheeran
and
health
was
indicators
Kerala
High
Court
backs Governments
present liquor policy
Thursday,30th October,
of 321 hotels.
election campaign.
categories have to be
tels
ki and Waynad.
to NRIs (non-resident-Indi-
ans).
develop
and
triggered
consump-
growing
world
of
Kerala.
As
a result, people
As a result of prohibitions
ciety as it used to
treats.
is high-minded stupidity. It
caste politics.
Gulf
money
conspicuous
chang-
psychological
industries
in Tam-
According
to
bers.
commonly
more infrequently
as a contributor to household
cohol consumption
humble pie.
takes place.
IN BOX
Sociological Aspects aris- drome in children. The parental ily consume liquor. In middle
drinking is correlated with child class and poor families in the
ing out of liquor use
used
economic providers.
Diseases
contributory role of
with
moderate
consumption
sump-
performance as a parent, as
Oro-
place-related
morbidity
associated
Prostate Cancer
individuals,
resulting
2.
in increase in medical
of spouse-abusing husbands
Hypertension
across
Cerebra-vascular Diseases
Cardiac arrhythmias
hol-related consequences.
ly users of alcohol.
Haemorrhagic stroke
In BOX
3.
Liver cirrhosis
4.
Spontaneous abortion
problems,
diseases
may
alcohol
1. Cancer
vary
pharyngeal(Mouth and
Cardiovascular disease
tioning. He is loos-
torical importance.
5.
6.
sales of li-
quor in
t h e
stitution.
2014)
Bold Steps
it; never sell it; never serve it; never drink it, has
state.
sumptuous
been adopted as
towns.
star hotels but for the bars under Five Star and
consump-
l i m s
o f
the
T h i s
deal
has
of
the
spirit
mafia.
These
protago-
n a t e
scenes of
final ULTA PULTA Complete Prohibition has become a hoax
become ineffective.
34
TRACK
characters.
ing as an executive in
Sudheer
rented
girl, Prema who is post graduated and looking for a good job
36
the city.
focations in the
ionable
heer. Whenever
Prema tries to
to others.
Sudheer,
dress
he
often physical-
is almost in the
sinking,
dren
during
these
days,
Prema
reached
the
was introduced
age of joining
to a husband of
another
growing
and
client
Husband is posses-
he stooped to an eco-
between.
suspicious too. He is
S u d h e e r.
From their
disclosure
of
facts
and
other
inciden-
become economically
tal
ness, he compromised
some
to an extent where
sues have
b e e n
framed and
tranquility between
diation Center.
the
attitude to children. He
behaves just as if he
havior of husband,
them.
Mediation
6.
things,
is-
estab-
lished posi-
5.
7.
tions of the
2.
her undergarments.
4. Husbands very rough
searching conso-
attachment towards
lation or support
their mother.
up in an indifferent environ-
attitude, he is a passionate,
years
has
Issues framed up
lovers.
females only.
Husbands business in
damaging proposition
Lack of Communication
in a spirit to maintain
so much inclined to
Husband is always
ship>But accidentally
social moving
marital relationship. On
is no such biological
conservative in his
relationship between
academically while he
behavior
the spouses.
2.
3.
4.
tail)
3.
1.
39
thoughts.
without failure.
as he feels he is going to be
as human being.
parties
interested in himself
ciprocated by
his family
8.
Sudheer
same in recipro-
all above
is earning so
concerns made
life.
that he insists
a divorce and
returns of the
business to be
expended by
himself.
He is not a
pretender as
these woods,
as-
so-
ciate,
say
wife after a
prolonged
be ques-
his
riod
waiting.)
of
Not
inclined
to get
pe-
a divorce,
impatient
fearing of
solitude life which
he is a straight
These
forward , which
misinterpreted by others,
of a genetical irrationality
his wife.
brute.
family.
which departments, he is
Economically he wants
recognized equally.
a total failure.
marital relationship.
Prema
Prema
The
nothing as he became
be understood by her
40
Mediator
alize the
horns of dilemma.
band.
married
brother
as
the last
alterna-
tive.
But
realizes
facts
Sudheer to be a compilation
be
of so many personalities. He
ing proposition.
undergo
counseling.
that
embarrass-
some
psychiatric
ried life.
ment.
43
husband.
mentally perfect.
the spouses.
Prema
provided
spouses.
loves
him
mental
jeopar-
be well advised
dy which also
by his counsel to
caused
prob-
for her.
heers intention
ily
members.
in this dispute
But to Media-
is to keep away
tors
the
Sudheer
was
hence he has
ready to under-
her desires.
to undergo this
stand
counseling and
feelings
treatment.
he
divorce,
surprise,
others
and
conveyed
to the Mediator
Object
of
Counseling
and Treatment
to leave Prema
free. But he was
behind his scurrilous life which
and they
the children.
44
SPECIAL FEATURE
INTRODUCTION OF IT
IN ARBITRAL PROCEEDINGS
Adv. Rajesh, Chief ODR Coordianator, Emirate Advocates, Dubai
nformation
Technology
(IT) has invaded the legal profession. Electronic
communication technologies
have become a usual working mode of the lawyers now
a days. The Dispute Resolution is one of the most rapidly developing fields of IT
usage.
Computers since their inception has been a real cause
for the transformation in approaching law, practising law and its application in business and
at the crossroad of these
trends, finally proved and
accomplished its credentials
even in the area of Dispute
Resolution.
The online legal databases
like Lexis Nexus and Westlaw dealt with the effects of
A.Efficiency
IT provides opportunities to
reduce costs and time. The
main types of costs that can
be reduced related to travel and document handling.
Travel costs can of course
only reduced in the context
of online meetings replacing face-to-face meetings. IT
specific tasks, such as hearings and other forms of meetings, transferring documents
can be carried out swiftly by
adopting appropriate technologies. Such technologies
are for instance simple electronic communication means
like e-mails for a limited number of relatively small files;
more sophisticated tools
such as case management
websites with powerful en
masse uploading
and downloading facilities for
larger or more
numerous files;
videoconferencing for hearings
and other meetings such as deliberations. As
briefed
above
with the avoidance of travel or
shipping times
saved can be utilized for accelerating more
tasks and there by facilitate
increasing productivity and
potentially shortening procedures.
B. Effectiveness
C. Convenience
Arbitration Proceedings in
the Cyber way
The virtual environment
which have not been in use
till recently but currently
starts get used and bent on
constituting an innovative
technology and future direction for the wide use of IT in
arbitration.
The legal rules
framed without
any sort of things
in mind the technologies
like
case management websites,
videoconferencing, virtual workspaces. Hence
it is to be born in
mind that legal
rule to be framed
in such a manner
so as to adapt
the aforesaid technologies
and shall be flexible enough
to accommodate them.
Whether the due process
standards of arbitration like
right of the parties to be
heard (reasonable opportunity to present their case
such as to allege facts, present legal arguments, and to
produce evidence on rele-
in arbitration slowly.
There are two main IT tools
that may be used in arbitration proceedings, namely
case management websites
and videoconferencing. The
emphasis is placed on videoconferencing, which raises a many more questions
than case management
websites. The latter is relatively complex to set up from
a technological point of view,
49
not currently used in arbitration at all. A shared visual workspace is one where
multiple people can see the
same objects at roughly the
same time. A shared visual
space assists participants
in understanding the current
state of a task and enables
them to communicate and
ground their conversation
efficiently. These processes
ments
by post or special courier
after they have been sent
electronically. That solution
has the disadvantage, however practically defeating
the efficiency that electronic
communications may otherwise achieve.
The parties should also decide on other aspects of
document submission, such
as preparing a database of
documents, labelling and
identifying files and physical
tachment
cannot be opened).
Security is another important issue that should be
discussed by all parties,
including the methods for
authentication and non-repudiation, and encryption
technologies. When deciding on such items, the parties should specify the procedure to be followed. The
parties may also define a
certain protection technology to be used against internal and external security
Hearings
In videoconferencing, a
set of guidelines have
to be observed. They
include providing a
list of the persons to
attend the conference, the situation of
the cameras (location, angle, rooms in
which they are to be
installed), the identity of all persons who
are in the same room as the
participants, the authentication of the identity of the participants who are not known
by another trustworthy participant, the documents to
be shown, etc.
51
tractive concept.
Conclusion
52
DISSECTION
JOSHY GEORGE
stability
along
and
woman
must try to build their conjugal life upon a common
attitude they possess. They
may get an opportunity to
make their relationship more
affectionate and thus making
their relationship most fruit-
whereas
an extrovert
accompanies his/
her partner to visit each
others friends and relatives
or involve in any activities
preferred by respective partners.
Definition of Man in respect
of family life
So many reports on the scientific studies about the men
and women have already
been published.
Generally man always wants
to get respected so far he is
nursing himself a belief that
he is powerful and majestic and he wishes him to be
termed in such a fashion by
the society.
It is ironical to say that he
may not have anything in
him which calls for any attraction that inspires others
to respect him. Still he
is such a creation
always yearning
praises and admirations. He
always longs
for
motivations. He
wishes others to
say that he is such a
person beyond everybodys
imagination. Even he does
nt like to be treated as a
failure in respect of his activities by anybody, rather he
would be offended in case
his better half finds reasons
to blame him.
Definition of Woman in respect of a family life
Majority of the women would
like to be controlled by their
husbands and a woman
would like to be fascinated
by her husband and find a
man in him. It is true that in
the modern ages women folk
who have been succeeded
55
activities.
But she seldom expects
him to be a critic always but
anticipate atleast some admiration. She always wants
to see him to be with her and
get her deserving part as
the spouse and dominating
associate in the family subject to the control of her husband. She always wants her
spouse to be charming and
delighted.
56
pportunities in alterna-
is a non-adversarial process;
proceed to trial.
Today, court-connected or
processes.
third-party neutrals
in arbitration or mediation,
advise clients about their ADR
options, represent them in
ADR proceedings, or teach
law students about these
roles, they are challenged by
the question:What system of
ethics governs?. The question becomes complex when
lawyers acknowledge that
ADR is a multi-disciplinary field with
many non-law-
prospect of success/failure in
litigation.
client relationship.
the dispute.
dis-
ing.
The process gives the lawyer
and his client much better con-
particularly in
mediation. It is true that the
of a
yer participants
the segment of
possibility of settlement in
59
under examination.
other.
eventually go to trial.
es from media-
and friends as to
understanding
ultimate case
value. However,
analysis of all
such sounding
possible results.
boards, though
of earning
Thus, it
well-intended,
is very unlikely
want to please
some result or
development that
their opinions.
opportunity
to proceed to trial.
a balanced presentation. By
that!
Similarly, mediation
As cases develop,
legal representatives.
efficient
Although depositions
61
disguise
cue.
by lawyers.
time to un-
derstand the
motivation of
to self-determination than
mediation do resolve at
is a trial resulting in a
solution imposed by a
judge.
clients
and the
themselves: So whats
a file.
process.
business. If mediation is
as an alternative to litigation
Sometimes, a lawyers
lems.
importance of
63
HAPPY DAYS
Our MEDIATOR
It is not unusual. Quite sensible.
Do not keep a wrong notion in your mind that most
unhappy marriages becoming happy again is a remote
possibility. It is true, some
divorces are necessary,
some marriages can be
repaired. They can seek
the assistance of some
guidance which
they gather from
the related books or
some other resources to help improve
their marriages.
Other participate in
marriage education,
classes to improve
their relationship skills. Still
others seek counseling from
professional counselors or
therapists, or seek help from
a trusted religious guide.
But it would be ideal if any
religious scholar
so that an agreement will be
worked out where there will
be no further bickering in
the relationship if the couple
can stick it out or if
they are having children and this meeting
with mediator and
others would facilitate
a strong bondage
in the relationship
between the spouses. A mediator as a
facilitator can extend
his support to the
couple to get in terms
with each other, he would
make the couple find every
doors are opened for getting patched up rather than
going for a drastic divorce.
Hence a mediator can also
act as
social being
facilitating the
coupe getting associated
keeping all their hostilities at
bay.
Of course, our Mediator
doesnt know your situation.
Only we can decide what is
best for you and your family.
(And maybe this decision
has been forced on you by
your spouse.) We do hope,
however, that you will give
serious thought to the possibility of trying to strengthen
their marriage rather than
ending it.
We undertake this challenge so far it has become
common now a days some
of the divorced individuals
express regret that they
and their ex-spouse did not
work harder to try to save
or to
many
resources
available
to help them
form and sustain a healthy,
happy marriage,
repair a struggling
OUR MEDIATOR FEB
65
marriage.
In Kerala we rarely see the
marriage education classes
inspite of some social activists effort to initiate one or
two here and there. But serious efforts are being taken
by psychologists and NGOs
to make the venture a success and so many clinics
have been initiated recently
with the increase of divorce
in the state. Some who take
marriage education classes
from the part of the psychologists and therapists in the
respective clinics are just
trying to tune
up
relationship
to prevent
serious
problems.
Others are
experiencing serious
problems
and have
considered
divorce.
And
many
participants
are in
between,
motivated to attend the
class to help them because
of some current concerns
but not thinking seriously
group
with
therapist;
marriage education does
the couple as a
unit, rather than
as
individuals.
Makesure
your
counsellor
or therapist has
a clear plan of
action that is followed
through. Effective marital
therapy requires structure
and direction.
Counsellor should
focus on changing emotions
and thoughts, rather than
just teaching communication
and other skills.
Consider working
with religious leaders or
counsellors. Many people
prefer to work with religious
leaders or counsellors because they are more confident that they share their
values.
Consider working
with religious leaders or
counsellors. Many people
prefer to work with religious
leaders or counsellors be-
69
PERSPECTIVE OF A MEDIATOR
here is a question
still remain to get answered as we are
plunged in the difficulties
raised as a result of weak
goals and numerous doubts
in our life. We are not good
decision makers. The questions posing us are whether
we have to satisfy others?
Or our own physical desires?
Or requirements of the metaphysical region where we
tends to resort while we are
in depression?. The question
is that whether we could able
to obtain contentment from
among the above?.
There are more questions,
not questions but severe
tribulations. Whether we
have to satisfy our inherent
requirements? Or whether
fulfilling the whims of others
at the cost of satisfying our
71