IIAM ADR

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IIAM Mediation
 

IIAM Mediation and Conciliation is based on the Mediation Rules published by the Indian Institute of Arbitration & Mediation (IIAM), which is intended to help parties and mediators to take maximum advantage of the flexible procedures available in mediation for the resolution of disputes quickly and economically.

Mediation is a settlement effort, which utilizes the services of an impartial, third party mediator in an effort to reach a mutually acceptable agreement. By agreeing to mediate, parties agree to negotiate to attempt to settle their differences. It is an informal and non-adversarial process, which has the objective of helping the disputing parties, reach a mutually acceptable and voluntary agreement. Neither IIAM nor the mediator has the power or authority to render a binding decision or to force the parties to accept a settlement. Whenever parties choose to mediate through IIAM, the IIAM Mediation Rules apply to the proceedings.

IIAM Mediation Rules shall also apply to the mediation of present or future disputes where the parties seek amicable settlement of such disputes and where, either by stipulation in their contract or by an agreement to mediate, they have agreed that the IIAM Rules shall apply. The parties may agree to vary the Rules at any time.

Mediation under the IIAM Mediation Rules is a confidential, voluntary and private dispute resolution process in which a neutral person (the mediator) helps the parties to reach a negotiated settlement.

Under the IIAM Mediation Rules, IIAM will make the necessary arrangements for the mediation, including appointing the Mediator; organizing a venue and assigning a date for the mediation; organizing an exchange of summaries of cases and documents; and providing general administrative support. IIAM will also assist in drawing up the mediation agreement, if necessary.

Trust underpins the mediation process. If the parties do not trust a mediator’s integrity in terms of competence diligence, neutrality, independence, impartiality, fairness and the ability to respect confidences, mediation is unlikely to succeed. The IIAM Mediators’ Code of Professional Conduct provides users of mediation services with a concise statement of the ethical standards they can expect from Mediators who choose to adopt its terms and sets standards that they can be expected to meet. Users who believe the standards established in this Code have not been met may prefer a complaint to IIAM on the Mediators’ conduct Assessment. Details can be seen in the IIAM Mediation Rules.

Under the IIAM Mediation Rules, the mediation completes normally within a period of 60 days.

The costs and expenses of mediation will be governed by the Fee Schedule of the IIAM Mediation Rules.

To provide finality to the dispute resolution clause, parties may include an arbitration provision, in the event their dispute is not settled during mediation. Essentially, an arbitration clause follows the mediation clause, and requires the parties to submit all disputes not settled in mediation to a final and binding arbitration.

IIAM also provide international mediation service for business groups doing trade, business or investment abroad or multinational business groups doing trade, business or investment in India. IIAM Mediation Services include deal mediations for making efficient business deals and dispute management systems or dispute mediations for amicable and effective dispute resolutions. IIAM maintains panel of professional mediators representing various countries with respective language and cultural background.

Suggested Med-Arb Clause:

“Any dispute or difference arising out of or in connection with this contract shall first be referred to mediation at the Indian Institute of Arbitration & Mediation (IIAM) and in accordance with its then current Mediation Rules and as per the Arbitration & Conciliation Act, 1996. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by arbitration as per the Arbitration & Conciliation Act, 1996 by IIAM in accordance with its Arbitration Rules”.

Suggested Mediation Clause:

“In the event of any dispute arising out of or in relation to this contract, including any question regarding to its existence, validity or termination, the parties shall seek settlement of that dispute by mediation/conciliation in accordance with the IIAM Mediation Rules”.

Customised ADR:

Parties who wish to design customized ADR clauses to fit particular situations or create hybrid-clauses; see

Existing Disputes:

Parties who wish to mediate an existing dispute, but there is no agreement between the parties for mediation, can either enter into an IIAM Mediation agreement or can initiate mediation without any agreement.

See sample Forms 103, 104, 105.

For more information please contact IIAM Administrator: adm@arbitrationindia.com

 

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