An ounce of mediation is worth a pound of arbitration and a ton of litigation!~Joseph Grynbaum
ABOUT THE CENTRE
Alternative Dispute Resolution has been on the rise across India as a preferred choice of dispute resolution. Owing to a cumulative effort from the judiciary, government, and the practitioners, arbitration in India, for the first time in a number of years, has been able to reach international standards. At a crucial juncture like this, the need of the hour is to generate awareness amongst the law students and also to ensure that consistent and high-quality research is carried in the field. Additionally, owing to arbitration being utilized in niche fields, it is imperative that the stakeholders and service providers therein are professionally trained to provide top-quality services. It is while keeping in mind the aforementioned needs, that the International Centre for Arbitration, Mediation, and Research has been set-up by Legisnations.
VISION OF THE CENTRE
Legisnations International Centre for Arbitration, Mediation, and Research (LICAMR) seeks to serve as a think-tank to generate awareness about arbitration law in theory and in practice and also carry out high-quality research in the field to assist policy-formulation by the Government. The Centre also intends to serve as a platform for imparting professional training to the stakeholders in the field of arbitration and cater to all areas of Arbitration, Mediation, and Conciliation especially the niche areas.
OBJECTIVES OF THE CENTRE
- To create a culture of arbitration, mediation, and conciliation by training the young-breed of lawyers and law students through workshops, conferences, symposiums, etc.
- Promoting the Centre for ADR Studies as a prominent nucleus in the field of a dispute resolution mechanism for research activities and training the stakeholders in the field both nationally and internationally.
- The aim of the Centre is to design and run courses for the Study and Certification in Arbitration, Mediation, Conciliation, Conflict Resolution, and Collaborative Dispute Resolution. The Centre also hopes to be able to publish papers/journals relating to Arbitration, Mediation, Conciliation, Collaborative Dispute Resolution, and such practices.
- Carry out extensive research in arbitration law inter alia in specialized fields of Sports Arbitration, Construction Arbitration, Maritime Arbitration, and IP Arbitration.
- Impart quality training to industry professionals with the help of renowned experts to help improve the level and quality of arbitration services at every step – from practitioners to arbitrators and secretaries to the Tribunal; specifically in areas of arbitration where there is a significant demand for quality services and there is a dearth of trained professionals.
- Assist the Government in policy-formulation on aspects related to ADR laws in the country.
- To encourage law students to take up activities in the field of ADR by conducting competitions, workshops, and encouraging research.
- Collaborate and partner with institutions carrying out research and administering arbitration, mediation, and conciliation across the globe for perpetuating the culture of arbitration, mediation, and arbitration.
Arbitration is a method of dispute settlement where the dispute is submitted to one or more arbitrators by agreement of the parties. The decision of the arbitrator called the award is binding on the parties. Except for certain interim measures, the scope for judicial intervention is limited in the case of arbitration. The main objective of Arbitration is to get a fair settlement of disputes without much delay and costs. The Arbitration and Conciliation Act, 1996 deals with both domestic and international arbitration in India.
The Centre aims to promote arbitration as a method of dispute settlement by spreading awareness, conducting research and workshops to train students, academicians, and legal professionals in nuances of arbitration. The Centre also aims to prepare a list of arbitrators who will assist the Centre in settling disputes which are referred to it.
Mediation is another form of alternate dispute settlement. Parties voluntarily opt for mediation in order to settle legal disputes entered into by parties by mutual agreement and the conclusion is reached by agreement of both parties. In other words, it is a “win-win” situation for both parties. It is a party-centric process and an informal method where the mediator encourages the party to settle disputes by laying down various options. Since mediation is purely voluntary, any party can withdraw from it at any point in time. Mediation is a purely confidential process. Apart from mediation voluntarily entered into by the parties, India also has court-annexed mediation where cases are referred to mediation by the courts under Section 89 of the Code of Civil Procedure, 1908. Lok Adalat is also an example of court-annexed mediation in India.
Despite the popularity of mediation in India, there are no laws or regulations which lay down the mediation process and the rules to be followed. Meditation centers in India have formulated their own rules, however, they are not uniform and differ from center to center.
The Centre aims to impart mediation training to students, academicians, and professionals. It also aims to play a pivotal role in the formulation of rules and regulations regulating the conduct of mediation for India. The Centre further aims to conduct research on the effectiveness of mediation as a method of dispute settlement and spread awareness about it. To promote Lok Adalat as an indigenous means of the dispute resolution process and undertake research in this area.
Conciliation in India is governed by the Arbitration and Conciliation Act, 1996. Conciliation is a confidential, voluntary and private dispute resolution process in which a neutral person helps the parties to reach a negotiated settlement. This method provides the disputing parties with an opportunity to explore options aided by an objective third party to exhaustively determine if a settlement is possible. Conciliation is another form of mediation recognised in Indian jurisdiction with some statutory qualifications. The process of conciliation differs from mediation mainly with respect to the settlement agreement which is authenticated by the conciliators in the conciliation process. Under the Arbitration and Conciliation Act, 1996, this settlement agreement has the status of an arbitral award, which is not the case in mediation proceedings.
The Centre aims to train the stakeholders with respect to the technicalities of the conciliation process and encourage research and innovation in the field.
The Centre aims to conduct workshops at regular intervals in order to train legal professionals so that they may effectively adopt Arbitration, Mediation and Conciliation in the settlement of disputes.
The Centre would conduct assistance programs where trained arbitrators and mediators would help parties to settle disputes out of courts.
Regular research would be carried out under the LICAMR on various aspects of ADR and various research papers will be published in its journal.