IIAM Mediation

Overview

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.

IIAM Arb-Med-Arb Procedure

The AMA or the Arb-Med-Arb Procedure under the IIAM Rules, is an effective way by which the party can invoke arbitration and simultaneously try to resolve the dispute through mediation and if successful, make the outcome as an arbitral award or in case of failure of mediation, continue with arbitration. The AMA procedure helps to save time and also helps to make mediation settlement binding, especially in international disputes, as the mediation settlement would become enforceable under the New York Convention.

How it Works

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. IIAM will make the necessary arrangements for mediation, including appointing the Mediator; organizing a venue and assigning a date for the mediation; organizing an exchange of summaries of case position; and providing general administrative support. IIAM will also assist in drawing up the mediation settlement agreement, if necessary. Once a settlement agreement is made and signed by the parties, as per the Arbitration & Conciliation Act, 1996, it becomes a deemed decree and the same can be executed directly, if defaulted by a party, without any further adjudication or litigation.

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. The Rules have been made as per the guidelines of the International Mediation Institute, The Hague (IMI). Details can be seen in the IIAM Mediation Rules.

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

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.