Initiating IIAM Services
MEDIATION / CONCILIATION SERVICES IIAM Mediation services can be initiated by any parties who have an IIAM Mediation, Med-Arb or Arb-Med-Arb clause or an IIAM Dispute Management Clause (“DM clause”) in their contract. IIAM Services can also be initiated by any parties who have an APCAM Mediation, Med-Arb or Arb-Med-Arb clause or an APCAM Dispute Management Clause in their contract, for international mediation. Even if the contract does not provide for a mediation clause or in case of any non-contractual disputes, a Party to a dispute or both Parties to a dispute can initiate IIAM Mediation Services. A party or both parties to the dispute can initiate mediation by submitting a Request for Mediation to IIAM, so as to commence the process.
Along with the Request for Mediation, the Party initiating the process shall make the registration fee and the initial deposit of the mediator and administrative fee as per the IIAM Mediation Fee schedule. This could be done through the Peacegate Application. Once the request is duly made, IIAM shall finalise the nomination of the mediator and thereafter issue an “Invitation to Mediate” to the opposite party, intimating the initiation of mediation, nomination of mediator and scheduling of mediation. The mediation will be conducted as per the IIAM Mediation Rules. On resolution of dispute the mediator shall assist the parties in making a settlement agreement as per Sec. 73 of the Arbitration & Conciliation Act, 1996, if they so require. After the end of the final mediation session, the Mediator shall submit the Mediator’s Completion Report to IIAM. After the completion of mediation and on receipt of the Mediator’s Completion Report, IIAM shall prepare the Mediation Status Report and shall give the same to the Parties, if they request for the same. This shall be given even if the dispute was not resolved or the mediation could not be held due to the absence of the opposite Party. In case, the mediation could not be started due to the non-appearance of any of the parties, IIAM may also issue the Non-starter Certificate to the Parties, if they request for the same. ARBITRATION SERVICES IIAM Arbitration Services can be initiated by any parties who have an IIAM Arbitration, Med-Arb or Arb-Med-Arb clause in their contract. IIAM Services can also be initiated by any parties who have an APCAM Arbitration, Med-Arb or Arb-Med-Arb clause in their contract, for international arbitration. In case of Med-Arb, the parties must have already completed their mediation proceedings before initiating the arbitration proceedings. In cases where the contract does not provide for IIAM Arbitration or even if there is no arbitration clause in the contract, the parties to the dispute can agree to resolve their disputes by way of arbitration under the IIAM Arbitration Rules, after the dispute, by having an IIAM Agreement to Arbitrate. Click here for the model agreement. A party or both parties to the dispute can initiate arbitration by submitting a Request for Arbitration, so as to commence the process. A copy of the Arbitration Agreement and Notice of Arbitration served on the Opposite Party shall also be produced. Along with the Request for Arbitration, the Party initiating the process shall make the registration fee as per the IIAM Arbitration Fee schedule. In case the Party is seeking for interim emergency measures, the Party may submit the EA Submission along with the Request for Arbitration, with appropriate filing fee. If the agreement provides for an Arb-Med-Arb clause, the Party initiating the process may submit the EA Submission along with the Request for Arbitration, with appropriate filing fee. In case of emergency arbitration and fast-track arbitration, the party can initiate the process through Peacegate. The arbitration shall be conducted and administered by the IIAM in accordance with the IIAM Arbitration Rules. COMMUNITY MEDIATION SERVICE Any person having a dispute or a potential dispute can utilize the IIAM Community Mediation Service by approaching any of the People’s Mediation Centres (PMC’s) and resolve the same. A party or both parties to the dispute can initiate mediation by submitting a Request for Mediation in the People’s Mediation Centre, so as to commence the process. Along with the Request for Mediation, the Party initiating the process shall make the registration fee as per the IIAM Community Mediation Fee schedule. PROJECT MEDIATION Once the parties include Project Mediation in their contract, an exclusive hotline hub is created in the Peacegate App, with the parties to the contract and the Project Mediator. Any party or the parties jointly, can submit the request for commencing mediation in the hotline hub, and notification and email will be issued to all parties and the project mediator. Under Project Mediation, a party or the parties jointly can also initiate emergency mediation, in case of exceptional urgency, to resolve a dispute. When emergency mediation is initiated, the Digital Administrator and Mediator, shall strive to commence mediation as soon as possible at any rate within a period of 24 hours and shall complete the process within a period of 7 days. The parties can register the process of Project mediation by appointing the Project mediator and assigning the parties to the hotline hub by filing the Appointment form with IIAM. NEGOTIATION SERVICES A party or both parties who wish to communicate with each other for the purpose of negotiating and thereby resolving their differences or disputes or for making a deal can initiate the process using the Peacegate App of IIAM. This will help the parties to initiate negotiation under a formal and institutional process. ADR SERVICES THROUGH PEACEGATE APP A party can initiate Negotiation, Community Mediation or Mediation Service through the Peacegate App. The entire process initiation and payment will be guided by the App itself. TIME BANK SERVICES A party can initiate Peacegate Time Bank by taking a Time Bank Account through the Peacegate App. Services listed in the Time Bank Account services can be taken by the Account holder, through the App. IIAM SERVICES & FACILITIES Parties can avail IIAM Services and Facilities for mediation or arbitration etc. and book rooms or halls for conducting mediation or arbitration online. IIAM shall offer the services based on scrutiny of the request and feasibility and based on the fee schedule. This facility is offered through Peacegate App. For more details or queries on initiating IIAM Services contact IIAM Administrator.