Resolving business disputes amicably
Parties involved in a business dispute now have the opportunity of arriving at an amicable settlement of their dispute with the help of a neutral third party by mediation or conciliation.

The Commercial Mediation Centre of Sri Lanka, which is a joint initiative of the Ceylon Chamber of Commerce, the National Chamber of Commerce of Sri Lanka, the Federation of Chambers of Commerce and Industry of Sri Lanka, and the Ceylon National Chamber of Industries, was set up to meet the need of the business community for a more conciliatory approach to the resolution of business disputes.
The Commercial Mediation Centre is located at the Ceylon Chamber of Commerce building at Nawam Mawatha.

Direct negotiation between conflicting parties is the best available mode of resolving disputes, the Ceylon Chamber of Commerce said in a statement. Unfortunately, during direct negotiations, emotions often come into play and ruin the chances of arriving at a resolution. In instances where direct negotiation has failed, parties often turn to litigation.

Litigation is adversarial in nature and leads to bitterness and breakdown of business relationships, quite apart from the waste of time and money involved in pursuing them. Alternative dispute resolution (ADR) processes have evolved to meet the need for a more enlightened and business-like approach to settling business disputes.

Among them are Mediation, Conciliation and Arbitration, which involve a neutral third party. Arbitration is also adversarial in nature, and the neutral third party adjudicates the dispute in line with existing laws or industry practices and makes an award which is binding on both parties. This process may be suitable for certain types of disputes, where relationships have completely broken down and there is hostility between the parties

During mediation and conciliation, unlike in arbitration, the third party has no decision making powers and his role is that of a facilitator in the negotiations between the parties to a dispute. The third party helps the parties to reach a mutually acceptable settlement and if the parties are not able to reach such a settlement they are free to terminate the process and go in for arbitration or litigation.

The difference between mediation and conciliation is that in the latter process, the third party plays a more active role and exercises a greater influence over the outcome. The conciliator may suggest options and possible solutions and usually recommends a particular solution which the parties are free to accept or reject. The mediator, on the other hand, makes no contribution to the content of the negotiations and merely facilitates them.

Mediation/conciliation starts immediately, is generally concluded within three months, is a private and confidential process and takes place without the assistance of lawyers, and if successful , ends with a handshake. It is therefore a process which is ideally suited to the business situation.

SriLankan launches e-mail booking facility
SriLankan Airlines has launched an e-mail bookings facility for its customers in Hong Kong and Singapore and enhanced these facilities for customers in Sri Lanka, the airline said in a statement.

A few months ago SriLankan Airlines launched its e-mail bookings facility for Sri Lanka where customers in any part of the world could request flight bookings through the Internet at any time of the day or night for any flight on SriLankan Airlines out of Colombo, except to India.

Now customers can even book flights to India from Colombo. SriLankan has also extended e-mail bookings to its Hong Kong and Singapore stations. Customers in all three stations can also check fares online, a facility that was previously not available for Colombo.

A five percent discount on gross fares is available for flights out of Colombo and Hong Kong, while for Singapore fares are in line with those distributed to agents in the region.

Tickets in the case of e-mail bookings, can be made available at the ticket office or couriered to the customer’s office or home. SriLankan Airlines expects this facility to be particularly useful to individual travellers and families.

Sathosa launches Saver’s Club Card
Sathosa has launched a ‘Savers Clud Card’ with the view to enhance customer loyalty and promote the supermarket chain. The card, which was launched in collaboration with Ceylinco PLC Technologies Pvt. Ltd, offers special discounts to shoppers every three months, depending on the points accumulated during the period.

Speaking at the occasion, Commerce and Consumer Affairs Minister Ravi Karunanayake said the supermarket was a part of the ongoing Sathosa re- structuring process, which is in progress despite the Rs. 13.8 billion cumulative losses from the past and without getting a single cent from the Treasury.

“If we accept that fact that a business is a business, government institutions can compete with anybody, including the private sector,” Karunanayake said. The Minister appreciated the support given by 5,700 Sathosa staff in the event of privatisation of Sathosa Retail Ltd. and assured that their jobs will be secure.
He said that under the project, 40 percent of shares of the company would be available for the successful bidder through an open tender, who would manage the company under a management agreement.

There won’t be any stripping of assets under the agreement, he stressed. Ceylinco Chariman Deshamanya Lalith Kotelawala said that the new business partnership with Sathosa allows shoppers to use their credit cards for shopping and earn points for the saver’s card.


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