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 in their contract. 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 Mediation Submission Form to IIAM, so as to commence the process.

Along with the Mediation Submission Form, 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.

Once the submission is duly made, IIAM shall 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.

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. 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.

A party or both parties to the dispute can initiate arbitration by submitting an Arbitration Submission Form, 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 Arbitration Submission Form, 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 Form along with the Arbitration Submission Form, with appropriate filing fee.

If the agreement provides for an Arb-Med-Arb clause, the Party initiating the process may submit the EA Submission Form along with the Arbitration Submission Form, with appropriate filing fee.

The date of receipt by IIAM of the Arbitration Submission Form, complete with all the accompanying documentation and the appropriate filing fee shall be treated as the date on which the institutional arbitration has commenced for all purposes under the IIAM Arbitration Rules.

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 Mediation Clinic and resolve the same.

A party or both parties to the dispute can initiate mediation by submitting a Dispute Submission Form in the IIAM Community Mediation Clinic, so as to commence the process.

Along with the Dispute Submission Form, the Party initiating the process shall make the registration fee as per the IIAM Mediation Fee schedule.

NEGOTIATION SERVICES

A party or both parties who wish to have the service of an experienced negotiator to assist them for deal negotiation or to have a settlement conference can submit a Negotiation Submission Form., so as to commence the process.

Along with the Negotiation Submission Form, the Party initiating the process shall make the registration fee as per the IIAM Negotiation Fee schedule.

IIAM SERVICES & FACILITIES

Parties can avail IIAM Services and Facilities for mediation, conciliation, arbitration etc. by delivering a Services Booking Form. IIAM shall offer the services based on scrutiny of the request and feasibility and based on the fee schedule.

For more details or queries on initiating IIAM Services contact IIAM Administrator.