NGOHeadoffice as a mediator in a dispute between a branch association and member
10 months ago
We are the headoffice who have been requested to mediate a conflict between our local branch body and two of the volunteer members. The members had conflict with the Board of Management and did not follow due process of grievance redressal as per our Constitution instead have filed a case with the court. The Branch has worked only as given in the constitution. Now the two parties want to withdraw the case. What are the terms of negotiation that needs to be put across
A.Dear Sir,
The terms of negotiations cannot be spelled out in this answer unless I will get full history of the case and other documents between concerned parties.
The terms of negotiations cannot be spelled out in this answer unless I will get full history of the case and other documents between concerned parties.
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A.Dear client,
There seems to be no problem according to what you have narrated. If the two parties now want to withdraw their cases, it also means less trouble for you. If these parties wish to pursue this outside court as per your constitution , then as the Head Office you will have to take up the role as described according to your constitution
There seems to be no problem according to what you have narrated. If the two parties now want to withdraw their cases, it also means less trouble for you. If these parties wish to pursue this outside court as per your constitution , then as the Head Office you will have to take up the role as described according to your constitution
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A.Dear Client,
Both the parties under litigation shall file a petition jointly before praying for withdrawal of dispute on a bipartite settlement of dispute out of court and if the Court allows Deed of Settlement jointly signed by the parties may be filed in the Court. If the Court finds that the terms of settlement arrived at between the parties following the principle of natural justice and is fair in all respect, then Court would pass an order disposing of the case on the basis of said bipartite Settlement. So the terms of bipartite settlement should be made following the provision of the constitution applicable on the branch and protecting the interest of both the parties following the principle of natural justice otherwise it may not be acceptable to the Court being biased and unfair.
Both the parties under litigation shall file a petition jointly before praying for withdrawal of dispute on a bipartite settlement of dispute out of court and if the Court allows Deed of Settlement jointly signed by the parties may be filed in the Court. If the Court finds that the terms of settlement arrived at between the parties following the principle of natural justice and is fair in all respect, then Court would pass an order disposing of the case on the basis of said bipartite Settlement. So the terms of bipartite settlement should be made following the provision of the constitution applicable on the branch and protecting the interest of both the parties following the principle of natural justice otherwise it may not be acceptable to the Court being biased and unfair.
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