Dispute Resolution Hub

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Mediation

"An ounce of mediation is worth a pound of arbitration and a ton of litigation!" - Joseph Grynbaum

In Mediation, the parties to a dispute enter into a discussion with a view to resolve their disputes amicably. The parties are assisted by a neutral person – a mediator – who does not have the power to impose a settlement or a resolution on the parties. Options for settlement are explored and a settlement is worked out through joint evaluation. Mediation paves a way for continuation of relationship between the parties and provides a non-hostile atmosphere for negotiations and settlement. The participation of the disputants is voluntary, and the entire process of Mediation is confidential.

  • Process Cycle of Mediation
  • Advantages of Mediation
  • Model Clause
  • Opening statements on the genesis of the relationship and the dispute
  • Sharing of information on issues and interests considered important by the parties
  • Forward-looking discussions leading to presentation and evaluation of options
  • Finally the agreement
  • Neutral Third Party – The presence of a third party helps parties overcome likely initial hostility, unwillingness to discuss the issues, and barriers to communication and trust that arise in situations of conflict.
  • Autonomy – Assures autonomy of process and outcomes. The disputing parties retain the right to terminate the mediation process at any time, and most importantly to decide how the dispute will be settled.
  • Flexibility- Through mediation disputing parties are able to generate, consider and agree on terms that would best resolve their issues, rather than have a decision made for them.
  • Confidentiality– The discussions between the parties in mediation are protected by confidentiality, and if a settlement were not possible within the time the parties estimate, they retain the option of proceeding to arbitration or litigation.

Model Clause for Mediation / Conciliation

In the event of any dispute arising out of or in connection with the present agreement, the parties shall, in the first instance, refer the dispute to conciliation (also referred to as Mediation) under the Dispute Resolution Hub Mediation Rules. Such reference shall be by way of a notice in writing, and will be a notice for the purpose of commencement of conciliation.

The commencement or pendency of conciliation under the Dispute Resolution Hub Mediation Rules will not prevent any party from seeking interim relief or reliefs for the purpose of preserving their rights.

If the dispute has not been settled through conciliation under the Dispute Resolution Hub Mediation Rules within __________ days following the commencement of conciliation or within such other period as the parties may agree in writing, such dispute shall thereafter be finally resolved through _________.

Model Clause For Arbitration

In the event of any dispute arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, the parties shall refer the same for arbitration to be finally resolved under the administration of Dispute Resolution Hub in accordance with the Arbitration Rules of Dispute Resolution Hub for the time being in force. The seat of Arbitration shall be ___________________. The Tribunal shall consist of one or more arbitrators appointed in accordance with the said Rules. The language of the arbitration proceedings shall be English. The law governing the arbitration agreement shall be ____________. The law governing the contract shall be ____________.

Model Clause for Med-Arb

In the event of any dispute arising out of or in connection with the present contract, the parties shall first refer the dispute to conciliation (also referred to as Mediation) under the Dispute Resolution Hub Mediation Rules. Such reference shall be by way of a notice in writing, which shall also be deemed to be a notice for the purpose of commencement of arbitration. If the dispute is not settled pursuant to the said Rules within 45 days following the filing of a Request for Mediation or within such further period as the parties may agree in writing, such dispute shall thereafter be referred to arbitration and finally resolved under the Dispute Resolution Hub Arbitration Rules. For the avoidance of doubt, it is clarified that:

a)    all disputes that fall within the scope of arbitration agreement may be resolved in such arbitration; and

b)    even during the pendency of conciliation, parties may seek interim relief or Emergency Measures under the Emergency Arbitrator Provisions in the Dispute Resolution Hub Arbitration Rules.

Model Clause for Arb-Med–Arb

In the event of any dispute arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, the parties shall first refer the same for arbitration to be finally resolved under the administration of Dispute Resolution Hub in accordance with the Arbitration Rules of Dispute Resolution Hub for the time being in force. The seat of Arbitration shall be ___________________. The Tribunal shall consist of one or more arbitrators appointed in accordance with the said Rules. The language of the arbitration proceedings shall be English. The law governing the arbitration agreement shall be ____________. The law governing the contract shall be ____________.

The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at Dispute Resolution Hub, in accordance with the Dispute Resolution Hub Arb-Med-Arb Protocol for the time being in force. Any settlement arrived in respect of some or all their disputes in the course of mediation shall be referred to the arbitral tribunal appointed by Dispute Resolution Hub and may be recorded as an arbitration award (interim or final, as the case may be) on agreed terms.