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Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation June 2018, Mumbai
Centre for Mediation & Conciliation (CMC) (An initiative of Bombay Chamber of Commerce & Industry)
June 2018, Mumbai
Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation June 2018, Mumbai
Contents
1. Why Mediation?
2. Mediation - The Most Effective Alternative
3. Mediation Success Statistics
4. About CMC
5. We are ready to Mediate
6. Model Mediation Clause for Contracts
7. Contact Us
8. References
Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Factors Litigation Arbitration Mediation
Time 10-15 years 1-5 years 90 days
Cost High Moderate Low
Control Parties are passive
observers
Parties are passive
observers
Power to appoint arbitrator
Parties are active participants who find
their own solutions mutually and control
the final outcome
Outcome Win-Lose Win-Lose Win-Win
Why Mediation?
June 2018, Mumbai
Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Why Mediation?Factors Litigation Arbitration Mediation
Confidentiality LowModerate (Since most
awards challenged)High
Procedural
complexity
Code of Civil Procedure
and Indian Evidence Act
Arbitration and Conciliation
Act, 1996
Facilitated Negotiation,
No written submissions to mediator
Finality
Judicial Order enforced
through court
proceedings
Award enforceable through
court proceedings
Settlement agreement executed only
when mutually agreed upon
Enforceable as contract before court
June 2018, Mumbai
Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Source: Rebooting the Mediation Directive (2014) EU Parliament
Mediation – The most efficient alternative
June 2018, Mumbai
Note: For comparison, the average life of a case in India is 13 years, and litigants in the country pay an estimated ₹ 30,000 crore per year
towards court hearings. (ref Hindu Businessline 11 June 2018)
Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Mediation Success StatisticsFINRA, United States of America - In 2018, they settled 172 cases- 72% of the cases they receivedFinancial Industry Regulatory Authority settles 70-80% cases annually through mediation with an
average turnaround time of 4 months.US Department of Justice settles on an average 72% of total cases through mediation. In 2016 savings of approx USD 70 million was noted.
Since the Mediation ordinance came into effect in 2013, Hong Kong courts have been directing disputes to mediators, who achieve settlement rates between 60-65%. Hong Kong’s innovative use of mediation to resolve complaints of people who invested in Lehman Brothers-related financial products saw a success rate of 87%.
Passed a legislation supporting civil and commercial mediation in 2017. Singapore Mediation Centre has a settlement rate of 70%, with 90% of them being resolved within one working day
Korean Commercial Arbitration Board processed 17,733 mediation cases from 1967 to 2008. Korean Free Economic Zones have been directed by the government to set up ADR mechanisms for investors.
USA
Singapore
Hong Kong
South Korea
The Delhi High Court Mediation and Conciliation Centre, known as Samadhan has successfullymediated partnership disputes, property disputes, and matrimonial disputes.India
June 2018, Mumbai
Note: Sources are mentioned in the Reference slide at the end
Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
About CMC VisionTo help create a harmonious business environment by encouraging resolution of disputes through aided dialogue and concluding them swiftly, economically, confidentially and amicably
MissionAspire to be the most reputed platform for mediation of commercial disputes in India, through unimpeachable neutrality, best in class governance standards and competent mediators; establishing an excellent benchmark in quality of mediation services.
We promote Alternate Dispute Resolution to encourage
Ease of Doing Business
Preserve Image and Goodwill
Lowest cost option
Stakeholder Engagement
Win-Win outcomes
Quick solutions
June 2018, Mumbai
Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
We are ready to Mediate ! ★ CMC is Recognised by the Mumbai High Court and Indian Institute of Corporate Affairs (IICA)
★ 14 of our Senior mediators are empanelled by the Mumbai High Court
★ 56 domain experts given specialised mediation training programmes
★ CMC has set up State of the art infrastructure facilities at various locations★ CMC has a panel of experienced mediators who are luminaries in the field of dispute resolution, some of whom are
mentioned below:
Hon’ble Justice, Mr. B.N. Srikrishna,
Retd. Judge, Supreme Court of India
Hon’ble Justice, Mr. Deepak Verma, Retd. Judge,
Supreme Court of India & Presiding Arbitrator
Ms. Nadja Alexander, Mediation Advisor to
Government of Singapore
Mr. Jeremy Lack, President, Swiss Chamber of
Commercial Mediation, GenevaMr. Bill Marsh, Mediation Expert, IFC, World Bank
Senior Advocate Mr. Sriram Panchu,
Mediator for Assam-Nagaland boundary dispute
Mr. Prathamesh D. Popat, Counsel Bombay High
Court, LEADER accredited IMI certified Mediator
June 2018, Mumbai
Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Model Mediation Clause for ContractsCMC has created three model mediation clauses, namely:
Model Mediation ClauseModel MED-ARB ClauseModel ARB-MED-ARB Clause
any of which may be incorporated by members in their contracts and agreements, according to their respective needs and preferences.
As an illustration, a recommended MED-ARB Clause is as follows:
In case of any dispute arising out of or relating to this Agreement, including the alleged breach, termination, validity,interpretation and performance thereof (“Dispute”), the parties agree first to try in good faith to settle the Dispute by mediationunder rules of an institutional mediation service provider such as Centre for Mediation and Conciliation (CMC), Mumbai, beforeresorting to or during arbitration, litigation, or some other dispute resolution procedure. The Dispute shall be referred tomediation within 30 days of issue of first notice of claims related to the Dispute by either/any party. In the event that partiesare unable to agree on a mediator as per the rules of the institution, a mediator shall be appointed by the institutionalmediation service provider. The process shall be confidential as per the rules and protocol of institutional mediation serviceprovider or any other more stringent confidentiality obligations mutually agreed to by the parties. Alternatively, the parties maymutually agree to undertake conciliation as per the rules of any institutional mediation service provider, such as the CMC,Mumbai, so that the settlement agreement is enforceable as an arbitration award under Arbitration and Conciliation Act,1996….
June 2018, Mumbai
Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Contact Us
Head, Centre for Mediation and ConciliationBombay Chamber of Commerce and IndustryTel: +91 22 61200219/218Email: [email protected]
Advisor, Centre for Mediation and ConciliationBombay Chamber of Commerce and IndustryEmail: [email protected], [email protected]
Chief Mentor, Centre for Mediation and ConciliationBombay Chamber of Commerce & IndustryTel : +91 22 61200269Email: [email protected]
Address: The Ruby”, 4th floor, 29, Senapati Bapat Marg, Dadar (W), Mumbai 400028
June 2018, Mumbai
Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
References
1. https://www.finra.org/arbitration-and-mediation/dispute-resolution-statistics#mediationstats
2. http://mediation.judiciary.hk/en/figures_and_statistics.html
3. http://mediation.com.sg/about-us/
4. http://www.wipo.int/amc/en/events/conferences/1997/october/taniguchi.html
5. https://www.ssoar.info/ssoar/bitstream/handle/document/41034/ssoar-2014-konoorayar_et_al-Alternative_Dispute_Resolution_in_India.pdf?sequence=1
6. http://www.iadcmeetings.mobi/assets/1/7/18.3_-_Mills_-_ADR_in_key_Asian_markets.pdf
7. https://uk.practicallaw.thomsonreuters.com/w-006-5849?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1
8. http://www.europarl.europa.eu/RegData/etudes/etudes/join/2014/493042/IPOL-JURI_ET(2014)493042_EN.pdf
June 2018, Mumbai