Centre for Mediation & Conciliation (CMC) (An initiative of Bombay Chamber of Commerce & Industry) June 2018, Mumbai June 2018, Mumbai Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
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 June 2018, Mumbai Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Why Mediation ? Factors Litigation Arbitration Mediation Time 10-15 years 1-5 years 90 days Cost High Moderate Low Parties are passive Parties are active participants who find Parties are passive observers Control their own solutions mutually and control observers the final outcome Power to appoint arbitrator Outcome Win-Lose Win-Lose Win-Win June 2018, Mumbai Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Why Mediation ? Factors Litigation Arbitration Mediation Moderate (Since most Confidentiality Low High awards challenged) Procedural Code of Civil Procedure Arbitration and Conciliation Facilitated Negotiation, complexity and Indian Evidence Act Act, 1996 No written submissions to mediator Settlement agreement executed only Judicial Order enforced Award enforceable through when mutually agreed upon Finality through court court proceedings proceedings Enforceable as contract before court June 2018, Mumbai Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Mediation – The most efficient alternative Source: Rebooting the Mediation Directive (2014) EU Parliament 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) June 2018, Mumbai Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Mediation Success Statistics Financial Industry Regulatory Authority settles 70-80% cases annually through mediation with an FINRA, United States of America - In 2018, they settled 172 cases- 72% of the cases they received average turnaround time of 4 months. USA US Department of Justice settles on an average 72% of total cases through mediation. In 2016 savings of approx USD 70 million was noted. Passed a legislation supporting civil and commercial mediation in 2017. Singapore Mediation Centre Singapore has a settlement rate of 70% , with 90% of them being resolved within one working day 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 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%. Korean Commercial Arbitration Board processed 17,733 mediation cases from 1967 to 2008. Korean South Korea Free Economic Zones have been directed by the government to set up ADR mechanisms for investors. The Delhi High Court Mediation and Conciliation Centre, known as Samadhan has successfully India mediated partnership disputes, property disputes, and matrimonial disputes. Note: Sources are mentioned in the Reference slide at the end June 2018, Mumbai Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
About CMC Vision To help create a harmonious business environment by encouraging resolution of disputes through aided dialogue and concluding them swiftly, economically, confidentially and amicably Mission Aspire 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 Lowest cost option Win-Win outcomes Quick solutions Preserve Image and Goodwill Stakeholder Engagement 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 , Hon’ble Justice, Mr. Deepak Verma , Retd. Judge, Retd. Judge, Supreme Court of India Supreme Court of India & Presiding Arbitrator Mr. Jeremy Lack , President, Swiss Chamber of Mr. Bill Marsh , Mediation Expert, IFC, World Bank Commercial Mediation, Geneva Senior Advocate Mr. Sriram Panchu , Ms. Nadja Alexander , Mediation Advisor to Mediator for Assam-Nagaland boundary dispute Government of Singapore 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 Contracts CMC has created three model mediation clauses, namely: Model Mediation Clause Model MED-ARB Clause Model 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 mediation under rules of an institutional mediation service provider such as Centre for Mediation and Conciliation (CMC), Mumbai, before resorting to or during arbitration, litigation, or some other dispute resolution procedure. The Dispute shall be referred to mediation within 30 days of issue of first notice of claims related to the Dispute by either/any party. In the event that parties are unable to agree on a mediator as per the rules of the institution, a mediator shall be appointed by the institutional mediation service provider. The process shall be confidential as per the rules and protocol of institutional mediation service provider or any other more stringent confidentiality obligations mutually agreed to by the parties. Alternatively, the parties may mutually 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 Conciliation Bombay Chamber of Commerce and Industry Tel: +91 22 61200219/218 Email: head@centre4mediation.com Advisor, Centre for Mediation and Conciliation Bombay Chamber of Commerce and Industry Email: advisor@centre4mediation.com, mediation@bombaychamber.com Chief Mentor, Centre for Mediation and Conciliation Bombay Chamber of Commerce & Industry Tel : +91 22 61200269 Email: mentor@centre4mediation.com 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 Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
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