Economy & Market

Mediation in real estate sector

Published

9 years ago

April 30, 2018

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Implicit or explicit agreements are a way of human life; contracts, written and unwritten, pervade our day to day lives, and govern our relationships, interactions and transactions. And, as long as there will exist contracts, there will be scope of disagreements and disputes, simply because, no agreement can be so detailed as to cover all possibilities and connotations, and close all loopholes for disputes. Conflicts inevitably arise due to opposing interpretations of open-ended or subjective clauses, occurrence of unforeseen events, situations going beyond the control of either party, loss of trust, bankruptcy, inadequate upfront disclosures and such other issues. Disputes fester until resolved, and therefore, dispute resolution mechanisms assume great relevance in our lives, businesses and society as a whole.
Historically, in India we have been too much over dependent on the formal justice systems, meaning the courts, and have somehow not given alternate/informal resolution of disputes the place that these deserve. May be this is due to the hangover of our colonial legal systems, or perhaps due to absence of enabling legislation or even due to our cultural biases. In any case, the result has been a huge backlog of cases in civil suits and criminal cases clogging up the judicial pipeline up to the Supreme Court, leading to the unfortunate phenomenon of justice being inordinately delayed, and thus effectively denied.Real estate/construction sector:The context
The total number of cases pending in our courts is in excess of three crore. The real estate industry in India has more than its rightful share of unfulfilled promises, delayed payments and/ or deliveries, intransparent regulations, cases of apparent abuses of dominance, reported non-compliances, defects in construction quality, commercial issues around valuations, taxes, etc., – all giving rise to obvious disputes and consequent litigations moving at a slow pace through our labyrinthine adjudication processes, such that the litigants’ grandchildren ultimately settle suits filed by their grandfathers.
If we were to expand the domain of real estate to include all land and immovable properties, the intensity of real estate disputes in family as well as corporate sectors will appear to be mind boggling. Given this stifling ambience, the sector was ripe for some interventions and disruptive regulatory changes. And, these have now arrived in the form of Real Estate Investment Trust (REIT) and Real Estate Regulation Bill. Although some of the rules/ clarifications are still awaited, and the Regulator Bill will only have teeth once all the states get their act in place by appointing the regulators, one must accept that these are very welcome developments which may nip some of the potential litigations in the bud. But this will only be clear as things unfold around these regulations.
Besides these regulatory developments, we also have a very healthy and active Competition Commission and Consumer Courts, both of whom have been seen to be visibly active and supportive of the consumers. The welcome entry of private equity/foreign institutional investors in the real estate space will no doubt force improvements in governance standards in the sector. All these augur well for the future, although the present situation remains dismal and disappointing, to say the least.Diverse stakeholders
In this scenario, congested with disputes and litigations, the thought of mediation comes along as a whiff of fresh air. Any process of dispute resolution which works on the principle of the disputants working together to arrive at an amicable win-win solution and an agreement that normally is not up for further court room activity, has to be like a god-sent tool! However, considering that the sector has a very diverse group of stakeholders pulling apart vigorously in different directions, it may not be an easy going journey for mediation.Who are the stakeholders? These are :
– Developers
– Contractors
– Consumers/buyers
– Land owners/farmers
– Landlords and tenants
– Regulators
– Special interest groups/NGO’s
– Lawyers and judges and arbitrators
For obvious reasons, some of the stakeholder groups might find it in their interest if the current spate of litigations continue unabated. To break this traditional pattern, some more disruptive interventions are required to change the mindsets.Possible role of mediation: How is it different?
In recent years, our world, and our society have witnessed a dramatic increase in litigation. Going to the courts to resolve disputes seems to be an almost instinctive reaction of our citizens. However, the underlying reality is that lawsuits can be financially and emotionally challenging for all the litigants, and can even have an adverse impact on our economic progress over the long-run, particularly when they immobilise businesses. While buyers and sellers of real estate usually are able to settle the smaller irritants that come up in the course of their deals, sadly many other disputes end up in the courts.
Fortunately, there are healthier alternatives to litigation for resolving disputes. Mediation is one such option that is growing rapidly in popularity in the developed economies-a path that has the potential to dramatically reduce the time and cost of resolving disputes. Mediation can be the first step of resolution between the parties.
Mediation is the term used to describe a relatively informal form of dispute resolution that occurs outside of the dysfunctional court system. In mediation, the parties are facilitated by a neutral third person called a mediator. The mediator is not authorised to impose a decision on the parties or even suggest settlements; instead the mediator only catalyses/ promotes negotiation between the disputants with the aim of helping them in reaching a mutually acceptable settlement of their dispute.
To understand how mediation is different from other dispute resolution processes, it is helpful to keep in mind that both litigation as well as arbitration are adjudicatory in nature wherein an empowered body/person(s) decide the outcome. In both these processes, the disputants automatically take up adversarial positions which lead to loss of trust and fissures in relationships. Perhaps the most attractive aspect of mediation which scores over the other choices (arbitration or litigation ) is that here, the disputants find no need to resort to appeals and prolong the dispute, since the settlement arrived at is mutually agrreable! So, it is clearly seen that mediation should be the first choice of people in the Real estate sector. But what needs to be done to popularise this mode of alternate dispute resolution?Way ahead
The following lines of actions can be recommended to make mediation the first choice of all parties:
1. Increase awareness about mediation, its positive effects, and why is it far far better than the traditional channels of adjudication that we know of. For this, a professionally designed communication campaign must be put in place by the government, the bigger corporate in the sector, the industry bodies and chambers, the large law firms, all acting together. For this purpose, an appropriate body may be formed by the Ministry to coordinate all aspects of this promotion drive, something similar to the PCRA or BEE, supported by a strong communication strategy and a commensurate budget.
2. We have to also nudge people towards mediation; for this, subject to legality, the government may make it mandatory/ recommendatory for all contracts/ agreements to have a clause stipulating mediation as the compulsory first stop in case of any disputes, much like the position enjoyed by the arbitration clause today. It has to be seen if this would require the passing of an appropriate act on mediation or not.
3. Thirdly, we have to strive to make mediation as friendly, soothing and as non-adversarial in reality, as it promises to be in theory. This can only be achieved if we avoid people with traditionally adjudicatory mindsets (such as most judges) who come from a position of power and authority, as well as people with deep-seated adversarial mindsets (such as most lawyers), as we create a facilitating kind of mediation universe in our country. Evidently, we do not need professionally judgemental personalities in this business, because a Mediator has to be the exact opposite of being judgemental. Obviously, people with insights into people’s mind, like those with education in behavioural sciences, and people with a negotiators bent of mind, like qualified interlocutors, as well as domain experts in relevant fields of dispute who, with their expertise will be able to quickly open up new and unseen opportunities of resolution, are the right kind of people to populate the roles of mediators. Anything less, will make Mediation stumble early on its journey, and it may quickly lose its appeal instead of gaining ground.
One can only earnestly hope that someone somewhere is listening, and will perhaps, consider to act on these suggestions.– SUMIT BANERJEE

Economy & Market

Leonard Unveils Dual-Head Robotic Arm for Hazardous Industrial Demolition

Published

5 days ago

October 30, 2026

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Leonard unveils Descender Duo, a dual-head robotic demolition arm designed to improve industrial safety and reduce shutdown time by up to 50 per cent.

Industrial robotics and refractory services specialist Leonard has launched Descender Duo, a dual-head robotic demolition arm designed to improve safety, accelerate maintenance and reduce shutdown times in hazardous industrial environments. The system made its debut at Lisahally Power Station in Northern Ireland, removing 25 tonnes of slag material within hours.

Developed for the cement, metals, waste-to-energy and petrochemical industries, Descender Duo enables remote-controlled refractory demolition, anchor cutting and welding, and refractory spraying inside boilers, calciners and silos. Its vertical-access design eliminates the need for personnel to enter confined, high-risk spaces during these operations.

Weighing less than two tonnes, the pre-assembled system requires an access opening of just 1.2 m². Supported by an external overhead hoist, it uses electrically operated hydraulic stabilising legs to secure itself inside vessels. The robotic arm offers 360-degree rotation and is suited to vessels approximately 9 m in diameter, with its operating reach extendable through strategically positioned access points.

Equipped with two independently controlled robotic heads, Descender Duo can perform identical or different tasks simultaneously, including refractory demolition, anchor cutting and spraying. Its remote-control system incorporates live camera feeds, allowing operators to monitor operations without entering hazardous environments.

According to Leonard, the technology can deliver time savings of up to 50 per cent compared with manual methods. Its ability to operate at temperatures exceeding 100°C allows maintenance to begin as early as 24 hours after burner shutdown. An all-electric power supply further supports cleaner and more cost-efficient operations.

First Deployment Demonstrates Shutdown Efficiency

The system was first deployed at Burmeister & Wain Scandinavian Contractor’s (BWSC) Lisahally Power Station in Londonderry, Northern Ireland. The facility generates electricity from grade C waste wood, supplying approximately 40,000 homes and businesses.

Leonard and BWSC collaborated to develop a customised solution for the plant’s 26-metre furnace, where extensive external pipework created significant access challenges.

Mark Leonard, Managing Director, Leonard, said, “It required new thinking and rather than step away from the problem we were committed to solving it for the customer, with the customer. We’re relentless in our approach to tackling complex challenges, head-on. We took our years of cement plant experience, coupled with our working knowledge of the BWSC plant, and designed, engineered and tested a completely new vertical solution within just seven weeks from that initial conversation with the customer. That solution was the Descender Duo as we know it today.”

Traditionally, the furnace required a cooling period of up to 36 hours before preparatory work could begin, followed by manual slag removal using rope-access personnel. With Descender Duo, work commenced just 24 hours after shutdown, reducing downtime by up to one day.

The deployment removed 25 tonnes of slag within hours, eliminated the need for at least six workers to enter the hazardous furnace interior and saved 26 hours in the shutdown programme.

“The effectiveness exceeded expectation,” said Martin Doran, Plant Manager at Lisahally Power Station.

“When the Descender Duo concept was first discussed, we had to spend some time with the team from Leonard looking at how it was going to be moved into the furnace. Every site is different and that presented its own challenges, but nothing that the team couldn’t overcome. Once it was installed we were hugely impressed by its efficiency.”

Expanding Industrial Robotics Applications

Descender Duo joins Leonard’s existing portfolio of robotic maintenance solutions, including the Axis horizontal-access arm, Nano confined-space access arm, Charger cement mill media recharging system and Calibre cement mill media grading system.

Headquartered in Northern Ireland, Leonard provides robotic refractory demolition, installation, inspection and industrial maintenance services across the cement, metals, energy, biomass, glass and civil engineering sectors.

Formerly known as G Leonard, the company has more than 35 years of industry experience and operates across Europe, North America, the Middle East, Africa and Asia-Pacific.

The latest innovation reinforces Leonard’s focus on replacing hazardous manual processes with robotic systems that improve workforce safety, enhance operational efficiency and minimise industrial downtime.

Concrete

Martin Engineering Appoints Ashwini Khunte as India General Manager

Published

5 days ago

October 30, 2026

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Martin Engineering names Ashwini Khunte India General Manager to strengthen operations and drive growth across key bulk material handling sectors.

Pune

Martin Engineering, a global provider of bulk material handling solutions, has appointed Ashwini Khunte as General Manager of its India business, strengthening its leadership as the company expands its presence across the country’s cement, mining, steel, power and infrastructure sectors.

Khunte brings more than a decade of experience with Martin Engineering, having joined its Indian operations in 2013 as a Design Engineer, shortly after the company established its presence in the country in 2012.

A mechanical engineer by qualification, she spent her initial five years developing bulk material handling solutions in collaboration with the company’s operations team. During this period, she gained extensive experience addressing operational challenges in the steel, cement and coal industries. She subsequently moved into project engineering, managing major engineering, procurement and construction (EPC) and original equipment manufacturer (OEM) projects from initial enquiry to commissioning. Her responsibilities later expanded to overseeing Martin Engineering’s conveyor product portfolio in India, involving customer engagement, technical presentations and site visits across heavy industries.

In 2024, Khunte was promoted to Head of Sales & Marketing for the company’s Europe, Middle East, Africa and India (EMEAI) region. The position broadened her international market exposure and strengthened her strategic and commercial leadership capabilities.

Commenting on her appointment, Ashwini Khunte, General Manager, Martin Engineering India, said: “India represents a tremendous opportunity for Martin Engineering. The country’s continued investment in cement, mining, steel, power and infrastructure is creating increasing demand for safer, cleaner and more productive bulk material handling, and that’s exactly what we do. My priority will be to build on the strong foundations already established in India, while continuing to develop our people, strengthen customer relationships and bring practical solutions to the challenges faced by our industry.”

Robert Whetstone, Area Vice President – EMEAI, Martin Engineering, highlighted Khunte’s technical expertise, market understanding and leadership experience.

“Ashwini brings an exceptional combination of technical understanding, customer knowledge and commercial leadership. She has grown as Martin Engineering has grown, and has consistently demonstrated outstanding capability to transform her expertise into practical solutions. Her knowledge of the Indian market, together with her international experience, makes her ideally suited to lead our India business through its next stage of growth for years to come.”

Since establishing its Indian business in 2012, Martin Engineering has expanded its local workforce, manufacturing capabilities and dealership network. The company supplies conveyor products, transfer point solutions, material flow aids, training and technical support to bulk material handling industries. Khunte’s appointment positions the company to further strengthen customer relationships and expand its solutions portfolio in India’s growing industrial and infrastructure markets.

Concrete

Fornnax Wins AIRIA’s Special Export Award for Rubber Machinery in 2025-26

Published

2 weeks ago

October 19, 2026

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Fornnax Technology Pvt. Ltd. has been honoured with the Special Export Award – Rubber Machinery for 2025–26 by the All-India Rubber Industries Association (AIRIA), in recognition of its highest exports of tyre recycling plants to the European region.

With more than a decade of experience in India’s tyre recycling industry, Fornnax has contributed to the development of advanced recycling technologies and infrastructure. The company currently holds a 90% market share in India’s domestic tyre recycling sector, while exports account for 30% of its business, spanning markets such as Europe, Australia and the GCC.

The award marks another milestone for Fornnax, whose tyre recycling lines and advanced shredding technologies are supporting the growth of the circular economy in India and international markets.

Commenting on the recognition, Mr. Jignesh Kundaria, Founder and Director of Fornnax, said:

“This honour from AIRIA is a reflection of an incredible journey we have undertaken over the years. When we started Fornnax, there was no established recycling industry in India to follow. We chose to build for the future instead. Today, when you see India’s tyre recycling sector, it has already transformed into a dynamic, high-growth industry and we are extremely proud to have played our part in building it.”

Unlike standalone equipment suppliers, Fornnax focuses on developing complete, high-capacity recycling infrastructure. Its integrated systems combine multiple stages of shredding and size reduction to enable efficient, continuous operations. This system-level engineering approach helps recycling operators improve throughput, equipment reliability and operational consistency.

The recognition reinforces Fornnax’s commitment to developing engineering technologies that contribute to a more efficient and circular recycling ecosystem.

Looking ahead, the company aims to expand its international presence while continuing to develop advanced shredding and recycling solutions to address the growing volumes and evolving requirements of the global recycling industry.

For more information, visit: www.fornnax.com