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. |