NEGOTIATING DISHONOUR OF CHEQUE: MEDIATION STRATEGIES FOR CHEQUE DISPUTES

Authors

  • Dr. Ashutosh Acharya Assistant Professor, Law Centre-II, Faculty of Law, University of Delhi
  • Dr. Anand Kumar Singh Assistant Professor, Faculty of Law, National Law University, Jodhpur

DOI:

https://doi.org/10.29121/shodhkosh.v5.i6.2024.2479

Abstract [English]

To mitigate the shortcomings of this system, Alternative Dispute Resolution (ADR) was introduced as a method for resolving conflicts. ADR includes a range of methods, including conciliation, arbitration, negotiation, and court settlement. Because of its relative simplicity and procedural flexibility, mediation has become one of the most widely used and quickly expanding ADR technique. Parties in dispute may develop mutual trust and understanding in the cooperative atmosphere that mediation offers. With the help of a mediator, which is a neutral third party in the dispute, it turns an adversarial environment into a cooperative one where both parties strive towards a shared objective of settling their dispute without relinquishing goodwill or dignity. Parties are able to look at different possible outcomes during mediation, which helps them determine their core values and areas of interest.

References

The Negotiable Instruments Act 1881 (Act No. 26 of 1881), s. 138.

Gian Singh v. State of Punjab, (2012) 10 SCC 303.

Yashpal Chaudharani v. State (Govt. of NCT Delhi), (2019) SCC Online Del 8179.

Dayawati v. Yogesh Kumar Gosain, (2017) SCCOnLine Del 11032.

Kaushalya Devi Massand v. Roopkishore Khore, AIR 2011 SC 2566.

Modi Cements Ltd. v. Kuchil Kumar Nandi, (1998) 3 SCC 249.

Supra Note 4.

Damodar S. Prabhu v. Sayed Babalal H, (2010) 5 SCC 663. DOI: https://doi.org/10.1016/j.nic.2010.07.008

Madhya Pradesh State Legal Services Authority v. Prateek Jain, (2014) 10 SCC 690.

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Published

2024-06-30

How to Cite

Acharya, A., & Singh, A. K. (2024). NEGOTIATING DISHONOUR OF CHEQUE: MEDIATION STRATEGIES FOR CHEQUE DISPUTES. ShodhKosh: Journal of Visual and Performing Arts, 5(6), 1600–1606. https://doi.org/10.29121/shodhkosh.v5.i6.2024.2479