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Mediation
Mediation procedures-Any party to a dispute may apply for mediation at the IIIMA. Parties can do this by registering and making online application with the director of IIIMA at medarbindia.com using its secure electronic application for or by e-mailing or writing to the IIIMA director requesting for mediation.
- The IIIMA will notify all parties involved and invite them to participate in mediation to resolve their dispute
- Once all parties have agreed, they are required to enter in to a mediation agreement based on the IIIMA model mediation agreement and abide by it's terms
- After the mediation agreement has been signed, the IIIMA will appoint a suitable mediator for the mediation
- Parties will then have to exchange, through the IIIMA their case summaries and other relevant documents for mediation. The exchange has to be completed at least 7 days before the commencement of the mediation session. The case summary is an informal, one or two pages description of the dispute from the perspective of each individual party.
- During the mediation session, it is requested to be present all parties concerned or interested in the dispute or their representative with written authorization to attend the mediation, if it is an organization or the party who is not directly interested in the dispute on hand, along with their solicitors or lawyers, if any.
- Once all parties reach to a conclusion of settlement of their dispute and consented for an agreement, the settlement agreement will be drawn and signed by the parties and their solicitors or lawyers, if any
Mediation resources
Mediators’ directory
Mediation books
Mediation articles
IIIMA Mediation Rules
M-1.Agreement of parties
Whenever, by stipulation or in their contract or by the submission of the one of the parties or otherwise, the parties have provided for mediation or conciliation of dispute which is either in existence or arise in the future, under the auspices of IIIMA or under these procedures, they shall be deemed to have made these procedures, as amended and in effect as of the date of the submission of the dispute, a part of their agreement.
M-2.Initiation of mediation
Any party or parties to a dispute may initiate mediation by filing with the IIIMA a submission to or a written request for mediation pursuant to these rules, together with nonrefundable case set up fee is $250 for international matters and Rs.1000 for domestic matters. Where there is no submission to mediation or contract providing for mediation, a party may request the IIIMA to invite another party to join in a submission to mediation. Upon receipt of such a request, the IIIMA will contact the other parties involved in the dispute and attempt to obtain a submission to mediation.
M-3.Request for Mediation
A request for mediation shall contain a brief statement of the nature of the dispute and the names, address and telephone number of the all parties to the dispute and those who will represent them, if any, in the mediation. The initiating party shall simultaneously file two copies of the request with IIIMA and one copy with every other party to the dispute.
M-4.Appointment of the Mediator
Upon receipt of a request for mediation, the IIIMA will appoint a qualified mediator to serve. Normally, a single mediator will be appointed unless the parties agree otherwise. If the agreement of the parties names a mediator or specifies a method of appointing a mediator, that designation or method shall be followed.
M-5.Qualifications of the Mediator
No person shall serve as a mediator in any dispute in which that person has any financial or personal interest in the result of the mediation, except by the written consent of all parties. Prior to accepting an appointment, the prospective mediator shall disclose any circumstances likely to create a presumption of bias or prevent a prompt meeting with the parties. Upon receipt of such of such information, the IIIMA shall either replace the mediator or immediately communicate to the parties for their comments. In the event that the parties disagree as to whether the mediator shall serve, the IIIMA will appoint another mediator. The IIIMA is authorized to appoint another mediator if the appointed mediator is unable to serve promptly.
M-6.Vacancies
If any mediator shall become unwilling or unable to serve, the IIIMA will appoint another mediator, unless the parties agree otherwise.
M-7.Representation
Any party may be represented by persons of the party’s chose. The names and addresses of such persons shall be communicated in writing to all parties and to the IIIMA.
M-8.Date, Time, and Place of Mediation
The mediator shall fix the date and time of each mediation session. The mediation shall be held at the appropriate regional office of IIIMA, or at any other convenient location agreeable to the mediator and the parties, as the mediator shall determine.
M-9.Identification of the matters in dispute
At least 10 days prior to the first scheduled mediation session, each party shall provide the mediator with a brief memorandum setting forth its position with regards to the issues that needed to be resolved. At the discretion of the mediator, such memoranda may be mutually exchanged by the parties.
At the first session, the parties will be expected to provide all information reanably required for the mediator to understand the issues presented.
The mediator may require any party to supplement such information.
M-10.Authority of the Mediator
The mediator does not have the authority to impose a settlement on the parties but will attempt to help them to reach a satisfactory resolution of their dispute. The mediator is authorized to conduct joint and separate meetings with the parties and and to make oral and written recommendations for settlement.
Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the dispute, provided that the parties agree and assume the expenses of obtaining such advice.
Arrangements for obtaining such advice shall be made by the mediator or the parties, as the mediator shall determine.
The mediator is authorized to end the mediation whenever, in the judgment of the mediator, further efforts at mediation would not contribute to a resolution of the dispute between the parties.
The mediator may require any party to supplement such information.
M-11.Privacy
Mediation sessions are private. The parties and their representatives attend mediation sessions. Other persons may attend only with the permission of the parties and with the consent of the mediator.
M-12.Confidentiality
Confidential information disclosed to a mediator by the parties or by witnesses in the course of mediation shall not be divulged by the mediator. All records, reports, or other documents received by a mediator while serving in that capacity shall be confidential.
The mediator shall not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceedings or judicial for um. The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial, or other proceeding:
(a) views expressed or suggestions made by another party with respect to a possible settlement of the dispute;
(b) admissions made by the another party in the course of the mediation proceedings;
(c) proposals made or views expressed by the mediator; or
(d) the fact that another party had or had not indicated willingness to accept a proposal for settlement made by the mediator.
M-13.No Stenographic Record
There shall be no stenographic record of mediation process.
M-14.Termination of mediation
The mediation shall be terminated:
(a) by the execution of a settlement agreement by the parties;
(b) by the written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or
(c) by the written declaration of a party or parties to the effect that the mediation proceedings are terminated.
M-15.Exclution of liability
Neither the IIIMA nor any mediator is a necessary party in judicial proceedings relating to the mediation. Neither the IIIMA nor any mediator shall be liable to any party for any act or omission in connection with any mediation conducted under these procedures.
M-16.Interpretation and Application of procedures
The mediator shall interpret and apply these in so far as they are related to mediator’s duties and responsibilities. All other procedures shall be interpreted and applied by the IIIMA.
M-17.Expenses
The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator and representatives of the IIIMA, and the expenses of any witness and the cost of any proofs or expert advice produced at the direct request of the mediator; shall be born equally by the parties unless they agree otherwise.
M-18.Language
If the parties have not agreed otherwise, the language(s) of the mediation shall be that of the documents containing the mediation agreement.
Administrative Fees
The nonrefundable case set-up fee is $250 for international matters and Rs.1000 for domestic matters per party. In addition, the parties are responsible for compensating the mediator at his or her published rate, for conference and study time.
All expenses are generally borne equally by the parties. The parties may adjust this arrangement by agreement.
Before the commencement of the mediation, the IIIMA shall estimate anticipated total expenses. Each party shall pay its portion of that amount as per the agreed upon arrangement. When the mediation has terminated, the IIIMA shall render an accounting and return any unexpended balance to the parties.