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ADMINISTRATIVE PANEL DECISION

Indian Farmers Fertiliser Cooperative Limited v. International Foodstuffs Company

Case No. D2001-1110

1. The Parties

The Complainant is Indian Farmers Fertiliser Cooperative Ltd. of 34, Nehru Place, New Delhi-110019, India, represented by Ms. Sangeeta Goel, of M/s Sim & San of New Delhi, India.The Respondent is International Foodstuffs Company, of P. O. Box 4115, Sharjah, United Arab Emirates, represented by Mr. Vinod Arjun Bhagat, of Arjun T. Bhagat & Co., of Mumbai, India.

 2. The Domain Name and Registrar

The disputed domain name is <iffco.com

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Arbitrator is a person to whom differences or disputes are submitted by the parties and he adjudicates them on behalf of the parties. His functions are, therefore, quasi-judicial in nature. A mediator, on the other hand, is one who is requested to mediate or intervene in the matter of the parties as a friend to bring about an amicable settlement. The settlement brought about by him is not an ‘award’. A mediator, who is neutral and intermediary, plays an active role by working out comprehensive formulas after hearing both the parties but he does not have any authority to decide the matter and only parties can settle the dispute. In litigation and arbitration one party wins and other loses. But in Mediation both parties may be winners as decision is acceptable to both. Both parties have control on the decision in Mediation and until both the parties agree to the proposal, the settlement agreement does not take place. The parties have control on the process of Mediation and they can choose the rules for Mediation as per their choice. Mediation is economical in comparison to arbitration and litigation.

The mediator shall be appointed by agreement of parties or if the parties agree, they may request a suitable institution or a person to appoint mediator on their behalf. On being appointed, the mediator requests each party to have private and joint discussions. The mediator keeps the information passed to him by a party confidential unless specifically authorized by the party to tell it to the other party.

Mediation is an ADR method for amicable settlement of disputes through a mediator.

Mediators should be accurate and loyal towards their work. Mediation a new profession being developed in India through training courses to promote ADR and reduce backlog of cases in courts.

Mediators

Mediator is a person who is to assist the parties to settle the disputes between them amicably.

Mediator means the neutral in a process by which he mediates the disputes by facilitating discussions between the parties directly or by communicating with each other. He mediates by assisting the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and generating options. The mediator is not given any power to impose settlement. His function is only to try to break deadlock and encourage the parties to reach an amicable settlement. A mediator does not determine a dispute between parties. A mediator may act as a communicator filtering out the emotional aspects and allowing the parties to focus on the key issues.