Law - Study Material for college students : Page 6 of 10 : EduMound

6 min
2 years
1,174 word

Tagged IBC, Insolvency and Bankruptcy, Keywords:- Mediation

Scope of Mediation in Insolvency Proceedings

The Insolvency and Bankruptcy Code of 2016, (IBC) was enacted to protect creditors’ rights to the timely payment of their debts and to reduce non-performing assets.

Article / Law

6 min
2 years
1,024 word

Tagged ADR, arbitration, conciliation, Mediation, Negotiation

Alternative Dispute Resolution – Arbitration and Conciliation: Boon or Bane

Alternative dispute resolution is a type of dispute resolution which offers a facility to resolve a dispute between two disputing parties outside the court. There are four methods of alternative dispute resolution.

Law

6 min
2 years
1,113 word
1

Tagged Criminal Conspiracy, India, IPC, Section 120A

Criminal Conspiracy: Section 120A and 120B of IPC

According to English law, if two or more persons agree together to do something (illegal) contrary to law, or wrongful and harmful towards another person, or to use unlawful means in the carrying out of an object not otherwise unlawful, the persons who agree, commit the crime of conspiracy.

Article / Law

4 min
2 years
721 words
1

Tagged brand, Business, India, intellectual property, IPR

What is a trademark in Intellectual Property Rights?

A Trademark is a mark that creates the identity of a business. This mark may be a word, phrase (group of words), symbol or a design.

Article / Law

3 min
2 years
596 words
1

Tagged article 14, constitution of india, Constitutional Law, Law, reservation

Is Reservation a violation of Article 14?

Reservation is a policy designed to redress past discrimination against lower classes and minority groups through measures to improve their economic & educational opportunities. Reservation is an attempt to promote equal opportunities.

Article / Law

6 min
2 years
1,081 word

Tagged Active Euthanasia, constitution of india, Constitutional Law, Euthanasia, General Knowledge

Euthanasia: The Quandry of Induced Quietus

The justification of this practice is debated until today. It is an especially sensitive topic because it deals with the ultimate unavoidable, irreversible occurrence – death. In many countries, direct euthanasia is even forbidden. Despite its importance, participants are often misinformed and confused.

Article / Law / Study Material

15 min
2 years
2,835 words
1

Tagged Culpable homicide, Diffrence between culpable homicide and murder, India, Indian law, Indian Penal Code

What Is The Difference Between Culpable Homicide And Murder?

The difference between Culpable Homicide and Murder. Murder and Culpable Homicides though overlapping, are different concepts. Murder is a specialized or conditional form of culpable homicide.

Article / Law

6 min
2 years
1,052 word

Tagged ADR, Alternative dispute resolution, India, Law, Litigation

Is Employing ADR Mechanism Acceptance Of Failure Of Judiciary?

Is Opting for ADR acceptance of failure of Litigation Machinery

Article / Law / News

6 min
2 years
1,048 word

Tagged Defamation, India, Kennedy Center, Law, Virdas

Vir Das’ Defamatory Case – Offended Indians? | What is defamation?

There’s no such thing as a free lunch. When you speak up the truth you have to pay a price either through hate, FIRs, trolling, and whatnot. Mr. Das had a history of speaking up either wrong things or correct things at wrong places. But it doesn’t matter as long as politicians instead of taking the thing on their ego take it as a challenge and try to solve these prevalent problems

Law

7 min
2 years
1,237 word

Tagged India, IPC, Law, Marital rape, Rape

Marital Rape- ‘No Means No’ But Her Ring Denied Her Justice

‘No means No’ but her ring denied her Justice.
Criminalize Marital Rape

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Arbitration	Conciliation	Mediation	Lok Adalat
a) It provides fairness to both parties as compared to traditional legal trials.	a) In conciliation the presence of an experienced neutral and an attorney who will provide the possible solutions to the disputes and evaluates the risks associated with continuing the dispute.	a) Mediation is an informal process that is not bound by any traditional legal formalities which are less time consuming and less costly than litigation.	a) Lok Adalat’s operate with the spirit of compromise and understanding which makes the parties feel satisfied.
b) A legal resolution here is much quicker, less formal, and flexible in scheduling than waiting for the trail date.	b) The parties will be allowed to choose their conciliator based on the criteria of the knowledge in the expertise area and availability.	b) The mediation is not a unilateral process as the settlement of disputes lie in the hands of the parties. It includes self-determination where the parties can terminate the	b) It is less expensive and delivers fast justice as any person can move to Lok Adalat’s through an application on a plain paper or by format available

		processes at any stage and can take the matter to the court.	through legal service authorities.
c) Here the cost is much reliable as it doesn’t include any expert witness nor require much legal process.	c) It has time and cost efficiency due to the flexible nature of proceedings.	c) Mediation helps the parties find realistic solutions which are not only sensible but also have long term availability.	c) Lok Adalat reduces the workload on courts and helps look after more serious matters and results in reduction of delays in higher courts.
d) The legal process of arbitration is more confidential than of the trial courts.	d) Their will be total confidentiality as agreed upon by the parties and the conciliator as well.	d) Mediation serves to reduce the level of conflicts which are already existing among them, as to avoid further more conflicts between the disputing parties.	d) It helps in direct interaction with the Judge in regards to the disputes, where on the other hand is not at all possible in regular courts of law.

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