ADR Services
IIAM is dedicated to promote the amicable and fair settlement of disputes. It aims to create an environment in which people can work together to find enduring solutions to conflicts and tensions. IIAM provide facilities for alternative dispute resolution (ADR), which includes international and domestic commercial arbitration, mediation and negotiation.
The concepts of mediation and arbitration are widely misunderstood, even by people who regularly deal with them. Mediation is a non-binding process, conducted by a neutral party whose goal is to resolve a dispute by facilitating the parties to talk with each other. The mediator will be an expert in the process with required training. Mediations conducted during litigation are “Settlement Conferences”. This could happen before a judge or an evaluative mediator, who shares prior subject matter experience and perspective on how much the trial may cost and the likely result. A mediator cannot order anyone to do anything and does not decide who wins. The mediator tries to bring the parties together, negotiate an agreement to resolve their dispute.
Arbitration is a private trial, with a private judge called the arbitral tribunal. It differs from mediation in that an arbitrator can order the parties to do things and ultimately decides who wins. The arbitrator authors a decision called the award, which is enforceable by a court, just like a judgment following a trial.
IIAM maintains a panel of arbitrators and mediators, who are known for their integrity, impartiality and expertise, for effective resolution of disputes outside court. IIAM provide support and administrative services which include settling fees of arbitrators and mediators, providing accommodation for hearings, arranging dates for meetings between the tribunal and parties' representatives, and acting as the registry/ depository of pleadings/ documents/ correspondence etc.
IIAM is a member of Asia-Pacific Centre for Arbitration & Mediation (“APCAM”) and functions as APCAM Centre in India. This helps the business community to resolve their international commercial and business disputes by mediation or arbitration under a single set of Mediation and Arbitration Rules and with a uniform fee structure in all the APCAM member countries to minimize the hassle of adhering to different laws or fees of different institutions.
Under the IIAM Arbitration and Mediation Rules, dispute resolution is scheduled to commence and conclude within a time frame. International mediation and arbitration are conducted under the APCAM Arbitration and Mediation Rules, which are uniform in all APCAM Centres in Asia Pacific region, giving the comfort of standardisation in procedures and fees in all countries. IIAM Mediation Rules and Code of Conduct of Mediators are based on the guidelines issued by APCAM and the International Mediation Institute. The IIAM Arbitration Rules are adopted under the UNCITRAL Arbitration Rules and aligned with the APCAM model. The Rules provide for effective designation or appointment of arbitrators and mediators. In IIAM arbitration, scrutiny is a key element ensuring that arbitral awards are of the highest possible standards and thus less susceptible to annulment in the courts than they might otherwise be. This unique quality-control mechanism makes IIAM arbitration a most reliable arbitration system.
Whenever a dispute is to be settled by ADR, parties can rely on IIAM system, which is characterized by neutrality, complete freedom of the parties to choose the option, venue, the applicable law, the language of the proceeding and the nomination of neutrals, and at the same time enjoy the security of a supervisory body and the administrative services offered by it. The IIAM Arbitration and Mediation Rules provide an easy and comprehensive procedure for parties to adopt.
