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Centre for Mediation & Conciliation (CMC)

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Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Centre for Mediation & Conciliation (CMC)
Unde...

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Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
Objectives of CMC
Pendency, delays and backlog...

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Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation
What is Mediation?
Mediation is a process of a...

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Centre for Mediation & Conciliation (CMC)

  1. 1. Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation Centre for Mediation & Conciliation (CMC) Under the aegis of Bombay Chamber of Commerce & Industry finding common ground , evolving win-win solutions...
  2. 2. Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation Objectives of CMC Pendency, delays and backlogs in courts are hampering dispute resolution and contract enforcement. This also escalates legal costs, delays projects and in turn may discourage investments. In view of these, Bombay Chambers’ Centre for Mediation and Conciliation has been launched to promote alternate non-adversarial mode of dispute resolution, which are : ● Quick ● Confidential, and ● Cost efficient Our initiative aims at assisting disputants to communicate better with one another to mitigate the scope and intensity of dispute. Our mission is to create a harmonious business environment by encouraging amicable and speedy resolution of disputes through aided dialogue.
  3. 3. Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation What is Mediation? Mediation is a process of assisted negotiation in which a neutral expert helps parties reach a mutually acceptable settlement agreement. Upsides of Mediation: It mitigates Conflicts It helps preserve Confidentiality It is a Low cost option Gives parties Control on settlement It generates Win-Win outcomes It provides Quick Solutions Role of a Mediator : ● Design mediation process and create effective communication channels ● Mould the process to craft agreement between parties ● Help parties brainstorm win-win solutions ● Move parties beyond ‘right’ and ‘wrong’,.............
  4. 4. 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 Advantages of Mediation - A comparative study
  5. 5. Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation Advantages of Mediation - A comparative study Factors Litigation Arbitration Mediation Confidentiality Low Moderate (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
  6. 6. Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation Process of Mediation at CMC
  7. 7. Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation Why opt for CMC services? The Centre is managed and run by the Industry- we understand your concerns and needs We have a diverse panel of experienced and eminent mediators for all types of commercial disputes We provide End to end case management services including pre- mediation and post-mediation follow up We have adopted a competitive cost structure because your time and cost are our prime concerns We handle all procedural and scheduling issues while you focus on creative and collaborative solutions to the dispute
  8. 8. Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation Cost Structure ➢ Highly competitive and transparent cost structure ➢ Cost is not session/sitting/hearing based, unlike in arbitration ➢ Fees charged as lump sum, based on the value of commercial dispute ➢ Components of the cost such as mediator fee, administrative and infrastructure charges, are clearly defined ➢ Ball-park range of total costs are between 1-2% of dispute value for either party
  9. 9. Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation Model Mediation Clause for Contracts CMC has created a model mediation clause, which may be incorporated by organisations in their contracts and agreements with external stakeholders. The 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, 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….
  10. 10. Bombay Chamber of Commerce & Industry – Centre for Mediation & Conciliation Contact Us Siddharth Jha Manager, Centre for Mediation and Conciliation E: manager@centre4mediation.com, T: 022-61200265 Pravin Rane Head, Centre for Mediation and Conciliation E: head@centre4mediation.com, T: 022-61200219 Sumit Banerjee Chief Mentor, Centre for Mediation and Conciliation E: mentor@centre4mediation.com

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