The world is becoming smaller, more interdependent market place. Manufacturers and service providers now have clients throughout the world. When disputes arise in international commercial arena, parties are reluctant to litigate in light of numerous jurisdictional, procedural and substantive obstacles. Instead, most parties take their disputes to ADR. Globalization and interdependence, as well as profound international conflict, make the theory and practice of alternative methods to resolve disputes increasingly important. Lawyers and business managers increasingly negotiate across political and cultural boundaries in today’s professional environment. Professional advisors interested in international business can ill afford a parochial approach to deal-making and problem-solving in a world where economic globalization leads consumers to demand effective, non-domestic forums for dispute resolution.
Throughout the business world, and especially in common law jurisdictions, there is a recognition that properly conducted facilitative mediations are generally the most effective means by which parties in civil and commercial disputes can resolve the matters that divide them without the delays, costs and uncertainties implicit in litigation.
Conflict is timeless. Our increasing interconnectedness is new. Organizations of all sizes – corporations, agencies, employers – from diverse national and cultural backgrounds are forced by globalization trends to work together to resolve a host of complex issues. Reliance on adversarial domestic forums for dispute intervention no longer adequately serve consumers facing problems that are increasingly transnational in character.
ADR is no longer a specialty process. Indeed ADR has become one of the premier methods of resolving disputes, whether they arise in the workplace or at home. It is the means for resolving a substantial amount of civil litigation in a wide variety of areas. Today the Indian Courts have the power to refer matters to ADR, even against the will of the parties.
It is now manifestly clear to both practitioners and legal educators that a comprehensive professional exposure to ADR is necessary to engage in cutting edge and high quality law practice. Effective conflict resolution skills help supervisors and managers to prevent destructive conflict in their organization, enable lawyers and consultants to better assist their clients in business disputes, support the work of social workers and health professionals and provide life skills to reach better decisions.
The time is ripe for a transborder, cross-disciplinary and skills intensive academic program to provide students and professionals with opportunities to study and practice sophisticated deal-making and dispute resolution. The training programs at IIAM offer the opportunity to learn what is necessary to become an effective negotiator, a skillful mediator, a talented mediation representative, an efficient arbitrator or an effective arbitration representative.
To cater the requirements of various segments of people, IIAM conducts various courses, domestic and international, to suite their convenience and need. The primary level certificate programs on mediation and arbitration are aimed at giving law and management students and professionals an overview on the subject and a basic level training. The Distance Education program is intended for busy professionals, who are not able to attend regular classroom training. International Training programs are done in association with international training institutes and organizations. The US LL.M program, offered in association with the highly ranked Hamline University School of Law, USA allows Indian lawyers to do post graduation or research in ADR and IP. IIAM also designs specific negotiation/ mediation training curriculum to suite the requirement of the industry. For creating awareness about ADR, IIAM conducts annual moot competitions on ADR for law students.
For more details on IIAM courses and training programs contact IIAM Director or IIAM ADR Coordinator.
Mail to adrco@arbitrationindia.com
