AUGUST
OnPoint
RESOLVE
ISSUE 1
VOLUME 1
FICM-MCN
NEWSLETTER
INTERNATIONAL
WELCOME
New Global Council Members
LITIGOUS SOCIETY
Are we hardwired to adversarial struggle?
WHY TO MEDIATE
Understanding Conflict Patterns
POWER BALANCING
Getting the other side to mediation table
NEWS
TATA Housing signs up Consumer
Ombudsman Scheme
FEATURED STORY
International
Arbitration
Dispute Resolution Coming of Age
with International Arbitration Hub
TM TM
CONFLICT IS A NATURAL
PART OF LIFE, HELPING
MANAGE CONFLICTS
AND RESOLVE DISPUTES
IS A NATURAL PART OF
WHAT WE DO.
OUR
JOURNEY
BEGINS
Enabling Peace, Enhancing Access to
Justice and Strengthening Rule of Law
BORN IN INDIA TM
Acknowledgment
FICM-MCN would like to thank the
corporations and specialist FICM-MCN
neutrals network
OnPoint
RESOLVE
A Periodic Newsletter Magazine - Binging Insights
and actions to achieve truth, peace and justice.
WHAT’S
INSIDE
Special Feature:
IN THE SPOTLIGHT 11
COMMENTARY 16
The Rule of Law - The civil Justice 5
Civil cases and the collaborative process 5
Choosing a dispute resolution mechanism 5
Dispute Resolution is "people Side Of The Law” 5
Settlement Counsel 5
Driving a global dispute 5
prevention and resolution culture 5
OVER HALF OF
sophisticated techniques
of negotiation and risk
allocation.
DISPUTES THAT
Management Clause in
Commercial Contracts
minimizes the damages
REACH LEGAL
caused due to conflicts by
more than half.
Parties negotiating a commercial deal
DEPARTMENT OF
must assess not just the value of the
deal but also the risk of the deal’s
falling through, and must decide how to
preserve the value of the deal in the
A COMPANY OR
event of breach of the agreement.
COURT CAN BE
arbitration provisions too often results
in dispute resolution processes that are
unresponsive to the commercial needs
of the company or the demands and
AVOIDED.
risks of the particular deal.
We all spend weeks or even months negotiating on Conscious and rigorous analysis of the deal, on the
commercial agreements stretching over many assumption that disputes will inevitably occur, is the
years, but we have a laid back tendency on first step in drafting contract clauses that add value
addressing the consequences of disputes arising to the deal as a whole. The next step is to negotiate
under the agreement. and draft such clauses with sophistication.
The fact is that there are no perfect contracts. A threshold question is whether the contract is
There are no deals in which all parties’ interests cross-border. A “cross-border” deal may be one
and capabilities remain constant throughout the where the parties are residents of different
term, and in which all parties share an identical countries. But it may also be where performance is
understanding of their rights and obligations. to take place in a different country, or payment is to
Opportunities arise (or fail to materialize), be made in a different currency, or where collateral
currencies fluctuate, contractors go out of business, is located outside the country of performance, or
government approvals are withdrawn, public where governing law is different from the law of the
funding is not renewed, natural catastrophes and residency of all of the parties to the deal. Cross-
other social disasters happen. All sorts of border dispute resolution is different from domestic.
contingencies occur that we can not anticipate. The selection of neutrals, the rules chosen for the
Risks that were unclear at the time of the contract process, the reliability and integrity of the enforcing
become real at some time down the road. courts, the cultural predispositions of the parties
This is for no fault of the contract drafters. No and their legal representatives, the restrictions on
drafter can foresee every change on the ground, or civil courts’ powers compared with those in
every good-faith interpretive disagreement, that will common law countries, the practicality of enforcing
occur over the term of the deal. Since that is so, it a judicial judgment compared with enforcing an
is incumbent upon the drafters to devise processes arbitral award under the New York Convention – all
for the management and resolution of unknown and of these questions arise in cross border disputes.
unknowable contingencies. International dispute resolutions pose a different set
of challenges, and needs a completely expanded
Why do we fail to incorporate these legally viable approach for drafting.
and so important dispute resolution clauses? Why
do legal counsel fall short of elaborating on this Dispute resolution processes are divided into two
most important aspect of a transaction? categories – processes in which the parties retain
control over the procedure and the outcome,
Conflict resolution processes that are embedded in processes in which they cede that control. The first
the initial agreement must be designed to protect category includes “consensual” processes, such as
the value of the deal. The analysis should be negotiation, facilitated negotiation, early neutral
straightforward: Identify the value that we seek from evaluation, joint expert evaluation; the second
the venture, assume a risk of nonperformance from category includes “adjudicative” processes, both
some unidentified cause, and devise methods to private (arbitration) and public (trial). Most
manage that eventuality designed to preserve that enterprises must prefer consensual processes.
value to the extent possible. They yield more commercially rational results,
remain in the control of the disputants, are
In practice, this might involve such questions as: confidential, and center on business rather than
Should the counterparty be required to continue legal concerns. The transaction costs for
performance during a dispute? Should judicial consensual processes tend to be lower than
access be agreed upon (or waived) for immediate adjudicative processes. It is therefore almost
preliminary relief? Should party have the right to always advisable to frame contractual dispute
cease payment upon certain conditions? Is the resolution clauses so as to exhaust consensual
other area of our business critical to both, so that processes before incurring the costs and other
the overall relationship is more important than this disadvantages of adjudicative means of dispute
particular deal? Should “buffers” be built in to make resolution. This structure is called “stepped”
it difficult for any party to abruptly terminate clauses – negotiation leading to mediation (or other
performance? Does the party have assets in the ADR methods) and only then leading to arbitration
home jurisdiction that may be subject to or litigation.
attachment?
DOMESTIC FOCUS - INDIA
The drafter seeking to preserve the value of the Privilege and Confidentiality: Are the various
deal must be familiar with the elementary concerns ADR processes to remain confidential? Are
of dispute risk management. statements and information exchanged in the
course of settlement discussions inadmissible in a
These are the fundamental questions that each subsequent proceeding?
drafter should be asking, to determine whether
its dispute resolution agreement is fit for the Conditions Precedent: Must negotiations take
task. place prior to mediation, and must mediation take
place prior to arbitration or litigation? Any
Notice: To whom should notice of a dispute be exceptions?
given? How soon after the event giving rise to the
dispute must notice be given? What specificity Provisional and Interim Relief: May the parties
should the notice contain? seek immediate provisional relief from a court or an
arbitrator? If so, with respect to what relief, and to
Scope: Are all matters to be treated the same way what end?
or are certain matters (such as breaches of
confidentiality or misuse of intellectual property) to Continuing Performance and Right of
be carved out of the scope of the clause and Termination: Are the parties to continue to perform
subject to immediate judicial relief? during the pendency of the dispute? Do the ADR
provisions erode any party’s termination rights?
Rules and Initiation: How are formal processes
such as mediation or arbitration formally initiated, Selection of the Neutral: Shall the mediator or
and what rules will be followed? arbitrator be selected pursuant to institutional rules,
or do the parties wish to delineate criteria to guide
Administered or Unadministered: Shall the the selection? If the parties choose to control the
formal processes be administered by an ADR selection of the neutral themselves, how shall that
provider body (such as FICM-MCN) or will the selection process be structured?
parties choose rules that give them and the neutral
that authority (such as UNCITRAL)? Awards, Costs and Fees: How shall the costs of
the mediation be allocated? Is an arbitral tribunal
Time Periods: To ensure efficiency and free to make any award it wishes or shall its powers
commercial good faith, shall the various steps of be bounded in some way? May consequential
the process be limited? For example, shall damages be awarded? May the tribunal award
mediation commence automatically if a negotiated attorney fees to the prevailing party?
agreement has not been reached within XX days?
Form of Award: Shall the arbitral award be
Designated Representatives: Shall the parties reasoned (written)? Shall the tribunal be required to
designate the level and seniority of their issue its award within a specified period of time
negotiators, and the identification of an agreed- after close of the hearing?
upon arbitrator or mediator? Should the negotiation
stage continue at a higher level if the initial Customized ADR Processes and Other Issues:
negotiators are unsuccessful? Parties may wish to create an ADR process that
suits their precise needs. For example, shall they
Location: Shall the mediation or arbitration occur jointly engage a neutral expert to opine on
at the location of one party, or in a third place? technological or other issues in dispute? Shall the
arbitrator offer to mediate the matter after drafting
Information Exchange: Shall initial notice of a the award but before issuing it? Shall the arbitration
dispute be accompanied by documents and take place in a specified language and, if so, who
information sufficient to advise the receiving party pays for the translation? What law shall govern (a)
of the facts giving rise to the claim? In arbitration, the substance of the contract, (b) the arbitration
shall costly discovery processes, such as electronic process, and (c) the enforcement of the arbitration
communications, interrogatories and depositions, award?
be limited?
NEW PRODUCT/SERVICE ANNOUNCEMENTS:
INTERNATIONAL
22
INDIA DESPERATELY NEEDS NEW WAYS
OF ADMINISTRATION OF CIVIL JUSTICE
INTERNATIONAL COMMERCIAL ARBITRATION
Is that really
delivering
justice?
The recent surveys show that The rapid growth of international trade and
there is growing concern over exposure to new partners, countries, cultures,
legal systems and trade practices is bringing
the process. ICA is losing its new challenges and risks for the international
credibility and attraction among cross-border trading and commercial
the parties due to excessive transactions.
costs, time and unpredictable Dispute management, prevention and
arbitral awards. Even as resolution is one of the very important aspect
arbitration awards find of risk management in international commerce
and transactions. Dealing with international
criticisms from the losing side, cross border disputes is becoming highly
so little has changed in terms of expensive and effects small businesses to its
the mechanisms and procedures core, sometimes endangering their existence.
How can businesses avoid or resolve disputes
used by tribunals and during various contractual phases, from
practitioners. negotiation through to performance?
DOMESTIC FOCUS - INDIA
The lack of a delocalized international court system Currently, international commercial arbitration
with the power to resolve private cross-border embodies, to a large extent, western standards, but
disputes of all kinds has led to a fragmentation of a key question is whether or not those standards
dispute settlement forums, and arbitration became are the correct standards of finding commercial
the preferred method for the resolution of such solutions around the world.
disputes. Mainly due to the fact that legal fraternity
world over pushed this private adjudicative method Today, we need a system and an institution that
of dispute resolution – the most loved method of attracts and appeals to a growing base of users
qualified legal professionals around the world. from the developing world. Merging different
arbitration cultures (eg East, West, developed and
Until recently, international arbitration was widely developing) and using an hybrid or combination of
seen as fair, neutral, and effective. The field’s rapid different process (not just Arbitration process) will
growth reinforced this perception, helping establish make this world a safer place to transact and trade
international arbitration as the default mechanism across borders. The practice and regulation of
for resolving transnational disputes. Today, this international arbitration must better reflect its broad
perception is changing. International Arbitration is international user base: to recognize the truly
becoming too costly, time consuming and international nature of arbitration and to fully
inefficient. Many now doubt the fairness of the integrate different approaches and attitudes
arbitration process, the integrity of some decision- towards arbitral law and practice.
makers and institutions, the binding effect of
awards, the options of appeals when awards are Parties need a wider range of DR options besides
arbitrary and the legitimacy of awards obtained in Arbitration, to select a method most appropriate to
international arbitration. The arbitration system has their cause and to resolve commercial and trade
become too arbitrary and broken down to a degree disputes in the best interest of International trade
and needs a new avatar - a new way to deal with community and all its stakeholders and to deliver
international cross border dispute resolution. actual justice to all parties - big or small.
There are several methods and mechanisms of Parties in the international commerce need to
dispute resolution, not just arbitration, many of feel secure, having a safety net to protect their
these methods can be combined with arbitration, to genuine business commercial interests within a
ensure early and cost effective resolution, and the well defined and dynamic legal and commercial
binding effect and enforcement of the awards. eco-system.
needs and demands of communities in the international cross-border transactions and ensure that the
complacency is never the barrier to this most important safety need of businesses in international transactions.
The goal is to all time maintain arbitration (dispute resolution) as a flexible, speedy and cost-efficient dispute
settlement mechanism where the arbitrators and the parties conduct the process according to the
requirements of the particular case and not try to use a one size fits all approach.
Enriching the practice of international integrated arbitration (integrated dispute resolution) and address issues
of integrity, a change in the culture that promotes selection of due process, seat of arbitration, venue,
selection and appointment of dispute resolution experts, neutrals (negotiators, mediators, arbitrators etc).
In today’s digital age, dispute resolution practice is ever Dynamic. We must depart from established practices
in the management of proceedings and invent new ways to avoid duplications and losses of time and
resources.
Domestic courts of many countries, and in particular the United States Supreme Court, have largely left
transnational adjudication to the realm of arbitration. To achieve this support for the International Commercial
Dispute Resolution, it is necessary to construct one autonomous global-wide eco-system, a network and a
culture that defines International Commercial Dispute Resolution. To develop a governing structure which will
define modern arbitration, to move towards instituting own mandatory norms and to defend the continued
expansion of capitalism and legitimize the private resolution of International Commercial Disputes.
Impartiality and the perception that decisions Enforcement and the true timeline of resolving
are being made by an ‘old boys’ club’. an arbitral dispute
A limited pool of arbitrators with institutions is one An international arbitration award is not worth the
of the causes of resulting delays in scheduling paper it’s written on unless it can be enforced, and
hearings and receiving awards. FICM-MCN is so the enforceability of the award is something that
addressing this key issue, by the appointment of one needs to consider at the very outset of the
the largest, widest and deepest pool of talent as proceeding because if there is no prospect of
Neutrals from around the world. finding assets against which to enforce the award,
then one is going to be throwing good money in a
International arbitration is facing challenges deep hole.
due to a perceived lack of transparency in the
process. The enforcement of arbitration awards is
something that often involves skilled lawyering
Soon, in the future, the parties should only need to to the same degree as the conduct of the
give their consent at the outset, to agree to proceeding itself.
recourse to a process as their final dispute
resolution method. After such consent is provided, At the time of contract negotiation, one must make
the system should be able to provide all the sure that waivers of sovereign immunity are in the
necessary procedural tools - and the arbitral contract to provide with the opportunity of going
tribunal should have the corresponding powers - after a governmental agency and ultimately
without there being any risk to the enforceability of enforcing an award against its assets or against the
the award. assets of the sovereign without being faced with the
defense of sovereign immunity.
The Process
Out of the anxieties, corporate parties’ try to choose
Several procedures of FICM-MCN include some governing law (seat) of their home jurisdictions.
that will be based largely on documents, with less When that is unattainable, parties in countries that
reliance on witnesses and having short hearings. are not favored as seat of arbitration have a tough
While the proceedings may not be ‘fast-track’, the time to decide the choice of seat. Although
time and cost of the entire proceeding will be governing law is one most critical factor for parties,
contained. but its impact can be limited to some extent with a
carefully drafted contract. Horror stories of
Rules of Dispute Resolution Processes enforcement delays abound, where an arbitral
award rendered in 2004 and valued at over $340m
The FICM-MCN Rules are the most comprehensive was still subject to an enforcement stay in England
range that can custom fit almost all kinds of cases in 2015.
emanating from contracts and jurisdictions. This
approach needs a very tightly managed dispute As courts have found, the role of arbitration is to
management system governed by the users only, foster international trade and that role is
as the commercial agreements at times, rarely underwritten by arbitral institutions, courts,
describe in detail how the dispute resolution arbitrators, advocates and parties alike. The
procedure will be conducted, and once a dispute competitive diversity of stakeholders in international
has arisen, parties often find it hard to agree on arbitration is the cornerstone of its adaptability and
such matters. constitutes the force that is best placed to ensure it
remains a reliable forum for dispute resolution.
Costs issues
Are you in the International Trade? Wish to
Various surveys have identified cost issues as keep a safety net on your internal transactions?
“arbitration’s worst feature”. Such feedback cannot Give a call to one of our members at
be ignored and is related to the second most 08505999820
disliked feature of arbitration in the survey, namely
the lack of effective tribunal sanctions. Therefore,
working on tribunals’ ‘due process paranoia’ will
assist in reducing costs.
VIEW
POINT
22
INDIA DESPERATELY NEEDS NEW WAYS
OF ADMINISTRATION OF CIVIL JUSTICE
DOMESTIC FOCUS - INDIA
“If lawyers seriously consider 93 percent of cases filed with the courts are settled
at some time, either through direct negotiation,
ADR and hybrid approach to mediation or arbitration.
resolution, most of the law “Dispute resolution is typically much quicker and
cheaper than the traditional litigation process, and
suits can settle early or even [it] keeps the results confidential, which can protect
you from escalation and additional lawsuits.”
without court intervention.” The study and practice of dispute resolution
without or least use of litigation is becoming
Research demonstrates that over 80% popular, since it is the next generation of law
disputes have the potential of an early practice. The new generation of lawyers who
resolution, if the resolution is handled by practice dispute resolution, need to incorporate the
adequately skilled and committed third learning and practice of integrated and hybrid
party neutrals. approach. Litigation is an instrument, that will be
required in rare situations and the practice of using
More and more lawyers need to look at litigation as a default mechanism is gradually
disputes as problems to be solved, but not weaning.
a legal battle to be won.
LITIGATION
Dispute resolution needs a dispute
resolution expert, may it be a lawyer or a
non-lawyer - disputes need a hybrid
approach to find early and cost effective
solutions.
Verses
MEDIATION
DOMESTIC FOCUS - INDIA
Determining whether to mediate requires identifying The enhanced communication channels that are
and assessing whether significant actual or possible in mediation but not in adjudication help
potential commercial relationships or other commercial decision-makers move their
business interests exist. Doing this encourages understanding beyond selective perception by
evaluating the importance clients place on publicity, becoming more familiar with and realistic regarding
confidentiality, and obtaining relief that adjudication dispute facts, case analyses, and outcome
cannot provide such as apologies, modified forecasts. They help commercial disputants avoid
relations, expedited compliance, licensing negotiation errors stemming from missing or
agreements, equipment sharing arrangements, misunderstanding important facts, legal rules,
barter arrangements, bid invitations, and future possible agreement terms, and adjudicatory
references. Mediating combats fixed pie and zero outcome components.
sum biases by expanding resolution agendas to
include these and other types of business and non- Negative, hostile emotions influence behaviors,
monetary interests. Mediation process helps to shift divert attention from resolution, and damage
focus from the parties and their inclinations to relationships. Positive emotions promote satisfying
maximize gain against each other to solving substantive interests, enhance relationships, and
together the commercial problems disputes reduce exploitation fears. Mediating often defuses
present. hostility between disputants and combats the
distortions caused by partisan perception and
Mediating also provides opportunities to broaden biased attribution. Remembering this may help
understandings of how counterparts view disputes, lawyers manage their discomfort with dealing with
business interests, potential trades, and the the fluid emotional dynamics that mediated
impacts that these perspectives have on monetary negotiations often reveal.
remedies that are or might be asserted in
adjudication. Many commercial disputes present Effective mediators seek to establish and maintain
situations where considerations external to the positive emotional climates conducive to
monetary claims framed by adjudication primarily constructive communication. They frequently
drive decisions. Even when assessing just win-lose respond to core emotional concerns by expressing
outcomes on legal claims involving money appreciation, building affiliation, respecting
damages, however, mediating helps lawyers and autonomy, and acknowledging status. They strive
their commercial clients realize that they lack to introduce “light where before there was only
perfect information upon which to base their case heat” by acknowledging strong emotions that
analyses and outcome forecasts. disputants often express. This permits participants
to express negative emotions, usually in caucus
Effective lawyers understand that they do not know away from counterparts. Discussing topics
or understand everything relevant to analyzing and triggering strong emotions in private sessions allow
forecasting adjudication outcomes. They also know full expression without alienating counterparts.
that selective and partisan perception lessens their These conversations counter biased attribution by
analytic objectivity and increases risks of biased disentangling impact from intent. They also often
predictions. Mediating creates balanced generate useful information that clarifies interests
opportunities for commercial disputants and their and aids careful analysis of the costs and benefits
lawyers to speak to and learn from each other of mediation alternatives.
privately about factors on which case analyses and
outcome forecasts are based with assurance that Mediating commercial cases combats optimistic
what they say and do will not appear in court overconfidence because it typically encompasses
testimony or the media. An additional layer of frank, mutual analysis of alternatives to agreeing
confidential caucusing allows private meetings with consensually. Comparing what emerges as the best
mediators and frequently generates information that terms achievable during mediating with these
would never appear in adjudication but which often alternatives supplies a core component of
proves crucial to resolutions. Confidential caucuses commercial dispute mediation. Effective mediators
overcome major resolution barriers that flow from promote the development of greater information
strategic approaches to communication generated regarding mediation alternatives by discussing,
by adjudicating. usually in caucuses, strengths, weaknesses, gaps,
DOMESTIC FOCUS - INDIA
inconsistencies, and vulnerabilities concerning with extreme demands reflected in high or low ball
specific dimensions of anticipated mediation offers, often considerably above or below
options. adjudication forecasts, and to stop bargaining
before reaching their best numbers. Using skilled
Because commercial dispute resolution usually listening, questioning, and confidential caucusing,
occurs in the shadow of adjudicatory alternatives, mediators help everyone deal with negative
much of this conversation concerns specific emotions generated by biased attributions that
information regarding case analyses and outcome perceive evaluation differences as criticism and
forecasts. Typically occurring after disputants have strategic negotiating actions as disrespect.
presented their views, concerns, and opinions fully,
these conversations often begin with discussions of They also help participants deal with the escalating
analytic strengths and bases of favorable impatience and frustration that accompanies
predictions. Listening carefully, mediators can grudging efforts to move to midpoints between
convert this information to questions to ask opening proposals. Analyzing and evaluating claims
counterparts regarding potential vulnerabilities and is not easy, and mediating helps lawyers avoid false
weaknesses in their legal positions and outcome negotiation failures during this process resulting
forecasts. from guessing incorrectly about what they can
achieve, posturing too long, hiding real top or
Mediators then tactfully phrase and respectfully ask bottom limits too tenaciously, and concluding further
these questions. Responding to these inquiries movement cannot be made without unacceptable
permits counterparts to learn and assess these face loss.
contrasting perspectives. Using questions rather
than statements allows mediators to encourage Although disputants’ best numbers usually do not
lawyers to articulate responses to inquiries about overlap, mediating helps many commercial
potential gaps, inconsistencies, and problems. This disputants find ways to bridge the smaller gaps that
dialogue allows commercial clients to hear pros and usually appear once extensive negotiating identifies
cons of adjudicatory analyses and predictions viable ranges. Carefully examining estimates
discussed in non-adversarial, information-oriented regarding all transactional costs of pursuing
rather than persuasion-focused, settings. These adjudicatory alternatives, including attorneys fees,
discussions often help clients understand why and court costs, business disruption expenses, lost
how they need to adjust their views of adjudicatory commercial opportunities, time estimates, collection
outcomes and form more realistic expectations probabilities, and appellate risks, often helps bridge
regarding settlement possibilities and proposals. these gaps. So does analyzing shared interests in
ending disputes, avoiding loss risks, and
Finally, mediating counters the perceptual and legal maximizing independent business interests.
cultural, win-lose biases that influence the strategic Mediating helps commercial clients assess carefully
ways lawyers typically negotiate money-based whether adjudicating is really necessary and cost
issues. Most commercial disputes involve at least beneficial to achieve vindication, secure company
some negotiating over money and mediators add reputations, reduce the incidence of future similar
considerable value by helping participants deal with or related claims, or obtain decisive legal
optimistically overconfident case analyses and the precedent. Even if agreement does not result,
negative emotions that positional bargaining mediating often increases mutual understanding,
between differing perspectives frequently resolves many issues, and narrows the focus for
generates. going forward with either adjudication or later
mediation reconvened with different participants.
Mediating dampens the use and effects of
ineffective but common negotiating tactics like
unwarranted threats, dangerous bluffs, and
premature “final offers.”Money-based negotiating
typically involves multiple rounds of offers and
responses as participants move through their
negotiation ranges. Attempts to maximize gain and
avoid loss influence tendencies to start negotiating
DOMESTIC FOCUS - INDIA
Hardwired for
someone who
encourages clients
to start law suits
and who feeds on
Adversarial Struggle
conflict, but
someone who puts
out fires and strives
for consensus. The
FICM-MCN ADR
Lawyers are
This inherent human behavior tilts our different type of
choice for an Adversarial approach to resolve lawyers, who seek
consensus and start
disputes, instead of making a choice of from the needs,
consensual process as the first option. rather than the
positions of their
Litigation fires up this behavior further, clients.
sometimes causing a bigger damage for
all parties in dispute.
Human beings resist change. And evolutionary make harder, more layered decisions faster and
psychologists are not surprised at all by the fact faster. Our response patterns to conflict can cause
that, despite the excellent press that change is 'furrows' to form in our brains that cause us to
given, almost everyone resists it - except when they interact in ways that can seem impossible to
are dissatisfied. escape. Our reactions to conflict, or our willingness
to become locked within it, is in a very real sense a
The vast majority of human beings avoid loss when habit of the brain that has developed over time.
comfortable with life and fight furiously when Many of us have felt quite helpless in the face of
survival requires them to do so. Human’s hardwired some of our reactions, during and after the fact.
behavior of fight and flight at the time of risk /
crises, makes litigation (adversarial approach) There is a biological basis for understanding how
sought after mechanism for dispute resolution. But we become conditioned in any number of ways,
gradually we are learning to rewire to adjust in the including how we become rooted in conflicted
modern world. We are conditioning ourselves to styles of interacting under the stress of a dispute.
find peaceful solutions of dispute resolution, as we
all are getting aware that in the modern world, Given the capacity of our brains to rewire, and our
adversarial approach is damaging for all. amazing abilities to adapt once we develop an
awareness of the outlines of any challenge, like
When all is said and done, evolutionary psychology overcoming patterned behaviors, mediation and
paints a rather illuminating picture of human mediated processes offer disputants an
thinking and feeling. We may wish human beings environment for safely exploring creative new
were more rational, but our brains, created for a solutions to old problems. When we become willing
different time and place, get in the way. But the to consider how our own reactivity tends to keep us
truth is, today we need rationality more than ever. recycling, and that sometimes our response to
The world is increasingly complex, and we must anxiety producing circumstances are almost
DOMESTIC FOCUS - INDIA
unconscious, we are suddenly freed to look deeply increasingly complex, and we must make harder,
at how we might honor and protect our own more layered decisions faster and faster.
interests while honoring the views of adversaries.
The individuals personality is inborn is not
When people are assisted in developing options news to any parent with more than one child.
that are more visionary and mutual than what You provide a stable home environment for
Courts impose, the process costs them less, they your brood - the same food, the same schools,
are more satisfied, they reach agreements that are
lasting, and that they can positively influence those
the same basic experiences on a day-to-day
around them and especially those who depend basis. And yet the first child is introverted and
upon them for emotional and financial support. grows up to be an R&D scientist. The second,
who never stopped chattering as a child, grows
Evolutionary psychology holds that although human up to become a flamboyant sales executive.
beings today inhabit a thoroughly modern world of And still a third child is as even-keeled as can
space exploration and virtual realities, they do so be and pursues a career as a school teacher.
with the ingrained mentality of Stone Age hunter-
gatherers. People today still seek those traits that Evolutionary psychology would tell us that
made survival possible then: an instinct to fight each one of these individuals was living out
furiously when threatened, for instance, and a drive his biogenetic destiny.
to trade information and share secrets. Human
beings are, in other words, hardwired.
All three of these children are hardwired for
Evolutionary psychology, in identifying the aspects certain dispositions. For instance, each falls
of human behavior that are inborn and universal, somewhere along the continuum of risk
can explain some familiar patterns. It sheds light on aversion described earlier. But each one’s level
why people behave in ways that don’t appear to be of aversion to risk differs. The point is, along
beneficial to themselves or to their businesses. with each person’s fundamental brain circuitry,
people also come with inborn personalities.
If evolution shaped the human body, they say, it Some people are more dominant than others.
also shaped the human mind. Some are more optimistic. Some like math
better than poetry. People can compensate for
Sometimes our ancestors lived below the margin,
with barely enough food to get by and no secure
these underlying dispositions with training and
shelter. Or they experienced a direct threat to their other forms of education, but there is little point
lives from a predator, a natural disaster, or another in trying to change deep-rooted inclinations.
human being. They had no option but to fight
furiously and willing to do anything to save
themselves. Thus, we are hardwired to avoid loss
when comfortable but to scramble madly when
threatened. Such behavior can be seen in business
all the time.
WHY TO MEDIATE
One reason why people become Accommodation
"stuck" is that they develop patterns
of dealing with conflict, over time, Ÿ Giving in
with their spouses, domestic Ÿ Playing the victim
partners, employers, children, Ÿ Attempting to pacify the other
inlaws, and just about everybody Ÿ Deference to the law
else. We respond in repetitive types Ÿ Deference to the mediator
of ways. These can be likened to Ÿ Emphasis on sense of personal inadequacy
unconscious "strategies" in the Ÿ Wanting peace at any price
sense that we rarely make a decision Ÿ Failing to assert one's own needs
to employ one pattern or another.
The patterns can become Avoidance
conditioned over time, and may
become a part of how we have Ÿ Refusing to participate in mediation, litigation, or even conflict itself
structured our personalities. Ÿ Avoidance of differences
Ÿ Indecision
If you are considering mediating Ÿ Withdrawing behaviors (refusing to engage and isolation)
your family law matter, it may be Ÿ Going off on tangents
helpful for you to reflect on your Ÿ Being overwhelmed by complexity
conflict interaction patterns. One Ÿ Difficulties processing information
important reason why is that conflict Ÿ Wanting it over at any cost
patterns provide a strong argument
in favor of using mediation instead Control
of some other dispute resolution
method like the Courts, violence as Ÿ Dominating the other party or the process
an extreme example, or just plain Ÿ Seeing only one's own interest
arguing or disruptive conduct (yes, Ÿ Rigid positions and outlooks
each of those can be a strategy for Ÿ Blaming behaviors
overcoming conflict). Ÿ Shaming behaviors
Ÿ Threatening behaviors
At FICM we suggest that some form Ÿ Inability/unwillingness to view situations in different ways
of peacemaking is the only approach Ÿ Acting in ingratiating ways towards the other party or the mediator
that resolves disputes - the others
just impose outcomes and call it a Understanding these patterns and how they play out in your life, and
"result" or perhaps a in struggles with others is an essential first step to moving forward.
"consequence." We believe that the existence of these patterns is an important
reason why people should consider mediating their disputes:
In general terms there are three
primary patterns that persons in Ÿ The avoider avoids, and his or her interests are not protected
conflict employ or express as a Ÿ The accommodator accommodates, and so sacrifices his or her
coping mechanism: interests
Accommodation, Avoidance, and Ÿ The controller controls, tramples the interests of others, and their
Control. They manifest in behaviors own as well
and speech, or the seeming absence
thereof. They tend to look like this. Mediation holds the promise that these patterns, including the triggers
Do any seem to fit your style of that the cause them, can be understood and real choices can be
dealing with conflict more than restored that are much healthier for all concerned.
others?
DOMESTIC FOCUS - INDIA
THE ACT OF POWER BALANCE Those familiar with mediation note that the
hardest part of the process often is getting the
Getting the
parties to sit down together.
Other Side
outcome are key concerns that need to be
addressed in order for a mediation to take
place, proceed and succeed.
to the
Frequently, the major hangup to mediating a
dispute arises not from other parties to the
dispute, but from their own legal advocates. Some
fear justification, that they will lose control and
possibly jeopardize their relationship with their
client by mediating a dispute. Others may believe
Mediation
that suggesting mediation to an angry client, bent
on vindication will be perceived as a sign of
weakness. Some people point to the inherent
conflict of interest attorneys face when
recommending mediation. Continuing fee is the
lifeblood of many lawyers and mediation
Table
frequently stops their flow of income. The situation
becomes even more complex in multiple-party
disputes, where one advocate can affect the
income of other advocates by pushing for
mediation. In other instances, advocates may
refuse to pursue mediation as a tactic to prolong
the litigation, making it more expensive and
burdensome for their adversary.
Other parties simply want their day in court. They How a Mediation Organization Overcomes
want to go for the legal rigmarole, not a settlement. Resistance
They may perceive a judge as more neutral than a
mediator. Once you tell the mediation organization to go
ahead, it most likely will send a letter and
Emphasizing the fact that most cases (93%) settle supporting materials to the other side, explaining
before trial and that they, not the judge or jury will the overall benefit, psychological barriers,
decide if the terms of a settlement are acceptable, enhancing the trust in process as well as the
will make these parties think about early mediation. confidence on the neutrals abilities and
emphasizing the benefits of mediation, including
Up-front costs can also keep parties from low cost, privacy and speed. If you use a private
mediating. Mediator fees and associated mediation company, the letter will also likely point
administrative expenses may appear excessive out the high quality of the people on their mediation
and unnecessary. Parties must understand that panels, the simplicity of the process and
these costs may be far lower than those associated competitive pricing.
with protracted and potentially fruitless litigation.
If the mediation organization doesn't get a
if you're also convinced that your opponent is not response to this initial mailing within a week or two,
sensible and is determined to prolong the dispute a staff person, often called a "case manager" or
or fight things out in court even after your persistent "case coordinator," will usually follow up with a
effort, the good news is that with a little help, you phone call to answer the other side's questions
can probably get even an obstinate neighbor, a about mediation and review mediation's potential
quarrelsome ex-spouse or an unresponsive benefits. If the other side declines to participate
business owner to mediate. You may be able to based on their lawyer's advice, the staffer may ask
break through this resistance easily. permission to call the lawyer directly to be sure the
lawyer understands mediation. Before long, the
The best way to coax a recalcitrant party to case manager may finally report good news: the
mediate is to do it indirectly. Have a mediation other side is willing and ready to mediate. If so, the
organization--not you--extend the invitation to two of you can select a mediator and schedule the
mediate. This means your first step is to find a mediation.
mediation organization that is appropriate for your
dispute. The worst-case scenario is that mediation fails and
parties proceed with litigation as they would have
Here are some suggestions: anyway. Still, with more than 90 percent of
mediations resulting in settlements, the odds are
Ÿ State that you would like to try mediation and list with you and the stakes are low. Mediation offers all
some reasons why--for example, because it's an parties a chance, usually the only chance in the life
efficient, low cost, no-risk approach. of a case, to sit at a table with their adversaries and
Ÿ Do not try to persuade the other person to spend sufficient time trying to work things out.
mediate. Leave it to the mediation organization
to do the selling.
Ÿ Never threaten the other person. For example,
do not write, "If you don't agree to mediation, I
will have no recourse but to commence a
lawsuit.
Ÿ State clearly that you have no personal
connection with the mediation organization other
than contacting it for this mediation.
Ÿ Let the other person know that the mediation
service will be calling.
DOMESTIC FOCUS - INDIA
WHY LAWYERS
AVOID MEDIATION?
LEGAL CULTURAL AND OTHER FACTORS INFLUENCING
LAWYERS’ RELUCTANCE TO MEDIATE DISPUTES
Commercial relationships create substantial Negotiation is used far more frequently, and it is
economic activity through licensing, distributor, typically conducted by company representatives
supplier, joint venture, and other transactional before involving lawyers or by in-house counsel
arrangements. Changes in economic, market, before hiring outside experts. Mediation enhances
and other circumstances occur after these negotiation by allowing lawyers and business
relationships begin, however, and often persons to converse with the assistance of non-
produce differing performance related dispute involved mediators who encourage
perceptions and contractual interpretations. constructive communication and interaction.
These differences may generate disagreements Mediators help negotiators frame conversations in
regarding responsibilities, obligations, ways that counter selective and partisan
performances, and entitlements that may perceptions, exploit shared and independent
escalate into commercial disputes. interests, and investigate resolutions that promote
mutual gain. Unlike judges and arbitrators,
Because such commercial disputes are increasing, mediators do not decide issues or enter judgments.
moreover the courts in India are ill prepared to Instead, mediators use confidential sessions to
deliver speedy justice, choosing how to confront generate more and better information that often
and resolve them supplies important tasks for helps participants create agreements that
lawyers. Lawyers often rely on their adjudication- accomplish more than is allowed by the narrow,
influenced habitual ways of perceiving and acting win-lose remedies available in adjudication.
while recommending and taking primary
responsibility for the means used to pursue their Combating biased perceptions and distorted
clients’ commercial dispute resolution objectives. judgments, mediators help participants craft
resolutions that allow all disputants to satisfy some
Non-violent / Non-adversarial and consensual of their interests.
dispute resolution options are not the first line of
option for most lawyers. Although found in most of Mediation more fully honors these business
the world’s cultures and practiced for centuries, interests by looking forward to assess future
mediation is the least used option in this menu. commercial opportunities rather than
emphasizing on looking backward, as
adjudication does, to determine legal
consequences arising from past events.
DOMESTIC FOCUS - INDIA
Disputes generate strong emotions reflecting anger, constrained expanding their activities as counselors and
distrust, and interests in self-preservation that influence allowed competitive, legal-related occupations to
dispute resolution process selection. Powerful feelings of perform much of this activity. All these emotional-brain
suspicion, betrayal, and disrespect often influence and neural short-cut biases, combined with powerful
desires for achieving vindication, using professional legal cultural influences explain why lawyers resist
advocates and punishing dispute counterparts. All of mediating commercial disputes.
these emotions influence choosing to adjudicate
commercial disputes to achieve vindication by winning Overcoming mediation resistance begins with identifying
and inflicting harm. that mediating exists as an optional method for resolving
commercial disputes. Because of long-standing
Sharing a professional tradition of intense commitment traditions to view adjudication as simply what is done
to their client’s cause, lawyers risk reinforcing partisan when participants cannot negotiate commercial disputes
emotions when discussing commercial dispute resolution successfully, this initial step of consciously making a
options with angry and threatened clients. Sometimes decision about mediating often disappears.
lawyers intentionally strengthen their clients’ emotional
fires to encourage adjudicatory choice. More often, Lawyers, executives and managers assume that they
lawyers remain neutral initially but personally experience have no other choice than to adjudicate. Failing to
partisan perception after adjudication is selected and appreciate fully the ways mediating differs from and is
produces quarrels and skirmishes. superior to unaided face-to-face negotiation, they
assume that disputes cannot resolve consensually
Lawyers routinely demonstrate optimistic because they have already tried to negotiate them
overconfidence. Biased, inaccurate future outcome without success. They also often fail to grasp how
predictions often influence lawyers to recommend mediating creates opportunities to achieve many
adjudication, and their clients frequently follow this different goals and provides process and procedural
advice based primarily on these forecasts. Commitments tools not offered by adjudication.
to adjudicate often harden when commercial clients
independently reach equally optimistically overconfident Lawyers must question these assumptions and restrain
predictions that amplify and reinforce their lawyers’ their automatic, habitual desires to adjudicate
biased forecasts. commercial disputes. Lawyers enjoy monopoly status as
persons generally permitted to represent human and
Distorted selective and partisan perception, fixed pie and entity clients in lawsuits and arbitrations. We all tend to
zero-sum biases, and optimistic overconfidence often sell to our strengths and adjudicating allows lawyers to
combine to activate a powerful, emotion-based mental market their primary product lines of knowledge of legal
habit, loss aversion. Loss aversion motivates humans rules, rights, remedies and defenses and abilities to
to escape anything that feels like loss. People are more apply this expertise persuading external decision-
motivated to avoid losses than to achieve gains. This makers. Adjudication emphasizes issue-oriented dispute
powerful mental habit often shapes human decisions by resolution which focuses on legal rule connections and
influencing choices and actions that attribute more applications.
weight to avoiding loss than achieving gain. Loss
aversion is an innate emotional flaw in human brains, Lawyers enjoy feeling in control and central to the action.
and everyone who experiences emotion is vulnerable to As compared to clients, adjudicating lets lawyers
its affects. exercise control, play dominant roles, and remain central
to the endeavor until external decision-makers act.
The Traditional Dispute Resolution Lawyers Lawyers usually prefer leading to following, and
adjudicating requires them to lead as they plead claims
Lawyers share a professional legal culture that strongly and defenses, assemble evidence, and present
emphasizes using law and its rights and remedies as the arguments. Clients usually defer to their lawyer’s
framework for resolving disputes through Adjudication. knowledge and expertise in these realms and focusing
interactions on lawyers’ expertise lessens attorneys’
A commercial representative discussing mediation noted needs to share agendas with their clients.
that his company’s main problem is lawyers, explaining
that “advocates don’t think the way other people think.” Lawyers, like all humans, feel most comfortable doing
Lawyers prefer adjudicating to resolve commercial what they know best and resist performing actions that
disputes. Advocating or defending legal positions before present more challenge and produce less comfort.
courts or administrative bodies as their most important Change is never easy and it often generates fears of
role. making mistakes and receiving negative judgments.
Lawyers reject mediation because it changes resolution
Civil lawyers view themselves primarily as advocates in process dynamics and gives them less control, centrality,
adjudication. Historically, this strong attachment to leadership, and opportunity to display legal knowledge-
defining their role as adjudicatory advocacy has based advocacy. Lawyers avoid mediation because it
DOMESTIC FOCUS - INDIA
CRITICAL ROLE
practiced, and only a handful of practitioners
are able to support themselves exclusively by
service as mediators. In both markets, the
OF ADR AND
practice is more often looked upon as a means
of resolving individual disputes than as a
method of adding value to a business
relationship or a technique to manage outside
DISPUTE SYSTEM
legal costs. And of course in Eastern Europe,
the Middle East, Africa and (to a lesser extent)
Latin America commercial mediation is an
object of study more than of practice.
CORPORATE
legal departments understand the process of
commercial mediation and many companies
are responding to competitive pressure to
reduce their legal budgets by looking to the
MANAGEMENT &
principles of ADR to guide them in creating
dispute management systems, rather than
merely using mediation as an alternative to
litigating or arbitrating particular cases.
GOVERNANCE.
ADR systems have proven to be a highly
reliable method of managing streams of cases
in employment and other contexts. Entire
platoons of consultants have realized a tidy
business assisting corporations to set up ‘Early
Case Assessment’ systems. If at its heart ADR
is, in fact, a tool for management, then what
does it manage? Commercial conflicts, yes,
but commercial relationships also. Any serious
student of mediation readily appreciates that
the process results in the reformation and
clarification of business dealings, at least as
much as it does the issuance of an award of
damages. It is useful in the management of
critical business partners such as IT
DOMESTIC FOCUS - INDIA
professionals, vendors, customers and Ÿ have been uncovered? How many claims of
employees. racial or gender discrimination have been
voiced, and is there any indication of
There are two aspects of corporate governance mismanagement that might give rise to a
that imply a role for ADR skills. One is in suit that would have serious reputational
facilitating the work of the board itself, and the consequences to the company? What
other is in creating shareholder value. percentage of employee disputes have
remained unresolved and risen to the level
Corporate governance principles that provide, of the filing of arbitration or lawsuits? What
in part, that ‘corporate governance issues impact has the system had on rates of
between shareholders, the board and employee turnover and outside counsel
management should be pursued by dialogue costs?
and, where appropriate, with government and Ÿ Does the company have an early dispute
regulatory representatives as well as other detection and resolution system with respect
concerned bodies, so as to resolve disputes, if to its critical procurement functions such as
possible, through negotiation, mediation or IT vendors? If not, why not?
arbitration. But the principle seems not to have Ÿ What systems does the company have in
been applied in real cases of managing internal place to manage disputes involving its
or external board conflict. It is in the second patents and trademarks? What are the
role of the board – ensuring the creation of trends of outside counsel costs in the area
shareholder value – that the most intriguing of protecting intellectual property rights?
possibilities lie for application of the core What percentage of such claims result in
principles of interest-based facilitated licences, and what transaction costs are
negotiation. incurred between the onset of the claim and
the licence agreement?
No one would seriously contend that the Ÿ Does the company have a policy that its
management of particular disputes by the legal transactional attorneys and businesspeople
department is a matter rising to the board level draft dispute management clauses in critical
– not, that is, unless something has gone very contracts, that are designed to protect the
seriously wrong, in which case it is too late. But value of the deal? What resources are
is not the management of critical business expended to provide such training for the
relationships clearly a board matter? professionals who negotiate and draft these
critical deals?
Of course it is.
The concept of ‘shareholder value’ takes on
And it may be entirely prudent for any board to many forms, including measuring return on
ask senior management these questions, and financial investment; managing the conflicting
be satisfied with the answers: interests of stakeholders as employees,
shareholders, communities, regulators; setting
Ÿ Does the company have a system of early and enforcing ethical business practices;
case assessment, and a method of setting and enforcing sustainable business
establishing reserves against contingencies practices; and ensuring the continued value of
that the auditor approves? If not, why not? the brand by protection of the company’s
Ÿ Does the company have a rigorously reputation and goodwill.
designed method of identifying and
addressing streams of employee disputes?
What is the track record of that system, and
what trends
‘
NEW PRODUCT/SERVICE ANNOUNCEMENTS:
COMMENTARY
22
INDIA DESPERATELY NEEDS NEW WAYS
OF ADMINISTRATION OF CIVIL JUSTICE
DOMESTIC FOCUS - INDIA
LAWYERING
Systems analysis skills may thus be used in
situations as diverse as:
IN THE NEW
business ventures as they select and draft
language for the processes that will be used
to prevent, manage and resolve conflicts that
may arise;
Ÿ A general counsel or outside counsel who
WORLD.
revamps an employee grievance procedure or
designs a payout system connected to the
settlement of a multi-party class action;
Ÿ A legal advisor or diplomat who counsels a
country emerging from conflict on how to
create multi-tiered justice systems that
address punishment as well as reconciliation
in an effort both to achieve justice and prevent
The use of the trial as the dominant form of future violence;
dispute resolution is diminishing, yet law Ÿ A judge or court administrator who develops
schools continue to train young lawyers as multiple settlement and case management
if the courtroom will be the principal venue processes to better serve litigants;
for addressing legal conflicts. The Ÿ A legislator or legislative staff member who
historically narrow focus of legal curricula develops new policy with enforcement
on litigation and appeals is insufficient to mechanisms and an implementing regulatory
prepare young lawyers for the world that scheme.
Ÿ In short, dispute systems analysis is an
awaits them. While clients will continue to
essential skill in systems design, and one that
need attorneys who are effective in court,
we believe should be widely taught in law
lawyers are increasingly called upon to play schools and better understood by attorneys.
a much wider range of roles.
Commentators on dispute systems design have
Law-trained professionals often must work since proposed a number of characteristics that
“upstream” in the life of conflicts. They bear on whether these criteria can be met. They
must understand how to prevent conflicts, propose that the best systems involve:
manage them more effectively and
efficiently at an early stage, and Ÿ Multiple process options for parties, including
successfully resolve those that ripen into rights-based and interest-based processes
legally-framed disputes. They are called Ÿ Ability for parties to “loop back” and “loop
upon to be organizational problem solvers forward” between rights-based and interest-
as members of multi disciplinary teams. based options
And - most interesting to us - attorneys in Ÿ Substantial stakeholder involvement in the
these broader roles sometimes have the system’s design
opportunity to help organizations create or Ÿ Participation that is voluntary, confidential and
improve systems that prevent or address assisted by impartial third-party neutrals
conflicts before and after they evolve into Ÿ System transparency and accountability
full-fledged disputes. Ÿ Education and training of stakeholders on the
use of the available process options
DOMESTIC FOCUS - INDIA
Law as an instrument
of Justice and a tool
of oppression
What are Laws? Law and order exist for the purpose of establishing
justice and when they fail in this purpose they
The existence of laws is fundamental to a society become the dangerously structured dams that
governed by the rule of law. However, the creation block the flow of social progress.
and enforcement of laws does not, of itself,
constitute or enable a society to be governed by the - Martin Luther King Jnr
rule of law. The important distinction must be drawn
between a society governed by laws and a society Laws are the means by which political will is given
governed by the rule of law. A society governed by expression. Thus if the political will is not just then
laws, without consideration and embrace of the rule nor will be the expression of that will. In this sense
of law as a guiding and underlying principle, has the absence of justice constitutes injustice and
the potential to be a tyrannical or “Police” state. injustice oppresses. Similarly, a law passed for an
unjust purpose will oppress.
A “good” law:
Ÿ Protects individual freedom; What is the Rule of Law
Ÿ Ensures collective security (including through
the individual’s responsibility to not infringe that Most of the content of the rule of law can be
security through the prudent exercise of his/her summed up in two points: (1) that the people
freedom by reference to the freedom of others); (including, one should add, the government) should
and, be ruled by the law and obey it and (2) that the law
Ÿ Acknowledges and protects fundamental rights. should be such that people will be able (and, one
should add, willing) to be guided by it”
Yet clearly there are examples where laws have not
met these purposes and yet have been laws India is very poorly ranked in "Rule of Law Index"
enacted by elected governments. among 100 countries around the word. While being
a largest democracy in the world, it's time we
We hold these truths to be self-evident, that all men realize that massive legal justice reforms are the
are created equal, that they are endowed by their need of time.
Creator with certain unalienable rights, that among
these are Life, Liberty and the pursuit of Happiness.
But are we truly living in a state that ...
DOMESTIC FOCUS - INDIA
DISPUTE
In our society's culture there are basic agreements
about cooperation and transactions between
members. Our social systems are ordered by
threat, exchange, and integration or love.
SYSTEM
cooperate. Dispute resolution is a part of every
society's culture, and in each society some
methods are favored over others. Each culture in
the world may be unique, but underlying each
culture is its own specific system that determines
how to resolve disputes. But, some systems of
dispute resolution lead to consistently inefficient
outcomes, by encouraging and reinforcing actions
that are not in the best interest of everyone
DESIGN
involved.
Ÿ Negotiating interests is less expensive than another person or an organization, first you try to
adjudicating rights or pursuing power options. solve it on your own, and then you seek the help of
Ÿ Negotiating interests results in mutually a expert negotiator, mediator, conciliator, arbitrator
satisfactory solutions, while the other two or a lawyer etc. By arranging dispute-resolution
approaches are win-lose, meaning one side procedures in a low-to-high-cost sequence one can
wins and the other side loses. reduce the probability of rapid escalation.
Ÿ When power-based approaches are tried, the Minimizing this tendency toward rapid escalation
losing side often is angry, and may try to "get had the added benefit of reducing enmity and
back" at the other side whenever they get the increasing faith in the ability of the system to
chance. resolve basic disputes.
Ÿ Interest-based negotiation is usually less time
consuming than the other approaches. Provide the necessary motivation, skills, and
resources
System Design Principles
An alternative system can function only if people
Put the focus on interests buy into it. People are creatures of habit, and this is
the greatest limit to broad-based systemic change.
This means any dispute resolution should start with While there may be active resistance from some
a process (either direct negotiation or mediation) groups to new dispute-resolution systems, the
where the parties try to solve the problem using greater problem is spreading the skills, knowledge,
interest-based bargaining. This is the best way to and habits that reinforce the new system. It is
find a solution that satisfies everyone. Only when incumbent on the elites in the conflict, and third-
this doesn't work, do you move on to rights-based party interveners, to provide the resources and time
processes (such as arbitration) or power-based necessary to generate cooperation with the new
processes (such as elections). system.
Dispute Systems Design – Focus on Systemic Ÿ promoting the mission of the new agency;
Conflicts Ÿ providing visible support by the organization's
leadership;
We would expect conflict to occur in any system, Ÿ loop-backs forward and back between interest-
and in most systems, specific patterns of conflict and rights-based options;
will recur, indicating a problem with the system Ÿ a system that is fair, flexible, friendly, and fast;
itself. DSD is focused on managing disputes once Ÿ the goal of resolution at a low level; and
they arise, but interveners should focus instead on mechanisms by which the organization can shift
resolving underlying systemic conflicts. from conflict resolution to management.
Ÿ it should include prevention and early-
For example, some actions have lower costs than intervention options;
others. Inefficient social systems will consistently Ÿ it should seek to build collaborative strength
attach lower costs to actions that result in inefficient through seven checkpoints;
outcomes. This can be a major source of systemic Ÿ it should utilize the mediation model in order to
conflict. One goal of DSD is to attach different costs build consensus among those involved.
to the standard set of actions that an actor might Ÿ A dispute system should:
take, so that the actor becomes more likely to Ÿ contain options for preventing, identifying, and
engage in efficient behavior. resolving issues;
Ÿ promote a culture that works to solve problems
Sometimes the existing system of costs leads to at the lowest level through direct negotiation;
inefficient outcomes. For example, If it is easier for Ÿ allow multiple access points;
a worker to go on strike than to go through a Ÿ empower employees to select from a range of
grievance process, and the likely outcome of the options for addressing the conflict;
strike is better than that of the grievance process, Ÿ contain effective structure and support to
then clearly the dispute-resolution system in place maintain options.
needs to be redesigned. The goal should be to
change the costs attached to actions, such that the The Society goes on to identify ten other
new process of rapid mediation becomes the most necessary elements:
favorable option.
Ÿ leadership support;
New dispute-resolution systems should incorporate Ÿ an oversight body composed of representatives
not only processes that encourage mediation, from all stakeholder groups;
conciliation, and other interest-based dispute- Ÿ evaluation processes;
resolution methods, but also ongoing processes Ÿ training;
that identify inefficient outcomes and attempt to Ÿ a central coordinator;
resolve them. Ÿ alignment of the "philosophy of conflict
competency" with the mission, vision, values,
and policies;
Dispute Systems Design – It’s Ÿ institutionalized incentives for effective
Extension operation;
Ÿ a communication strategy;
An effective dispute-resolution system should Ÿ incentives for early resolution; and
incorporate: Ÿ adequate resources for the system to function
properly.
Ÿ commitment to the values of fairness and
freedom from reprisal; It has also been suggested that DSD is most
Ÿ interest- and rights-based options; effective when:
Ÿ multiple access points;
Ÿ an organizational ombudsperson; Ÿ Conflict prevention, rather than conflict
Ÿ wide scope; and management, is emphasized. This requires
Ÿ continuous improvement via an oversight increasing the capacity of organizations to
committee. understand sources of potential conflict and deal
Ÿ responding to stakeholder interest; with them early, before they escalate.
Ÿ reflecting important values; Ÿ Outside designers do not play too
DOMESTIC FOCUS - INDIA
THE
For solving clients' underlying problems and
addressing underlying needs, legal disputes are a
much narrower subset of actual human, social,
political, and economic conflicts. The legal field's
INSUFFICIENCY
focus on "legal disputes" or cases is so narrow and
explained so little that we must search for justice in
a broader disciplinary framework. We must learn to
analyze and understand what conflicts and disputes
are about, in their full contextual complexity, before
OF LEGAL
we can choose the appropriate behavioral
response. Once we have decided on our goals and
desired outcomes, we can seek to achieve them
with a broader repertoire of processes and
behaviors.
REMEDIES
Many critics of the legal system were focused not
only on the increasing costs and delays of the
litigation system (what I have labeled the
"quantitative" approach to legal conflict resolution),
FOR DISPUTE
but on the quality of the solutions or resolutions
produced by court orders or settlements negotiated
in their "shadow."
RESOLUTION
politically contested or manipulable, or so focused
on the need for regulation of the aggregate that it
cannot always do 'Justice" in particular cases.
Legal justice is not always actual justice.
processes as the only way forward to substantive Some legal matters are not capable of binary
justice). solutions and so in some cases compromises or
negotiated resolutions are actually more 'just" than
We need practice to use conflict creatively and more extreme binary solutions, precisely because
constructively, to make 'Justice" in legal terms and of their distributed "precision. While legal principles
to make "peace" in human terms. (especially statutory law, passed by legislatures for
the “average," "aggregate," or "typical" situation)
Conflict resolution is a human skill (to be theorized may serve as "general" justice, in particular cases
about, taught, learned, and practiced) and a difficult justice may better be served by tailored
but highly valued one at that. It is more than a "departures” from the general rule (as long as the
single skill, constituting a multidimensional set of negotiated solutions are not otherwise unlawful).
skills, implicating abilities to listen, articulate,
advocate, empathize, analyze, facilitate, create, Negotiated justice may, then, for the individuals
manage, and care about people and their involved, be more 'just" than legislated or court-
problems, issues, values, and material well-being. ruled justice. Trades, tailor-made solutions, or
contingent agreements, linking past to future in
Instead of focusing on limited legal remedies, our dynamic and changeable solutions, are often
approach works on thinking more broadly about preferable to rigid, past-focused adjudication of
substantive problem solving and conflict resolution "rights and responsibilities” from rigid legal
in deeper and richer sociological and psychological principles.
contexts. While process pluralism allows us to
choose different processes for functional or other
reasons, we must also consider that the choice of a
particular process will almost certainly affect the
outcome we produce.
IN THE SPOTLIGHT
An inclusive integrated dispute resolution eco-system
for Importers, Exporters, cross-border investors ....
IN THE SPOTLIGHT
While Europe, America and other parts worlds perspective, with a purely
of the world are cris- crossed with commercial perspective.
arbitral institutions, but unfortunately
most of these institutions have become To deliver viable international
complacent, plagued with unnecessary commercial dispute resolution solutions,
procedural and appointment delays, we need ONE inclusive global SYSTEM.
exorbitant costs, limited pool of A dispute resolution eco-system around
arbitrators and some awards that do not the world that incorporates all
get enforced. Moreover even if the procedures that take care of disputes
awards are delivered, enforceability of emanating from any country, including
the awards is delayed, sometimes for all those countries that have signed up
many years. Moreover none are really to the obligations of the New York
addressing the needs of small and Convention. We need one global body
medium business transactions while governed by its own members, having
they may also not have a viable reach flexible and diverse set of rules, a
outside of the countries in which they diverse and large panel of dispute
themselves operate. resolution talent from around the world
who have profound knowledge and
What is the solution? insight. An institution with a inter-
continental reach, which allows all of the
Why are we using one mechanism only? continents to participate. FICM-MCN
And why having only few institutions? has drawn up the plans that would allow
why not an all inclusive, integrated any regional players in ADR that would
network or web of institutions in every wish to join the transnational global
state of the world? phenomena.
IN THE SPOTLIGHT
MEET NEW GLOBAL COUNCIL MEMBERS!
We are proud to introduce
our new council members
who have joined us in the
last quarter.
Mr. Ajit Kumar Mishra, CA. Harsh Patel Mr. Pramodh Manda
IRSE//Lifetime Member Mumbai India CXO – Direct Selling,
Chief Project Manager FMCG & Pharmaceutical
DFCCIL(Indian Railways) Sales | Medico & Nutrition
Delhi Marketing
Bengaluru India
Mr. Jatin Sharma Mr. Dineshwar Gaur Mr. Ram Kumar Gupta
Advocate Civil Engineer Retd. Gen Manager
Delhi India Delhi India Eastern Railway
Noida India
WORKING AT FICM-MCN
Turn theory into practice. Get
ahead by Completing FICM-MCN’s
internship program Internships
Internships
and Voluntary
Volunteer assignments
Volunteer assignments
provide interested
individuals the opportunity to
broaden their knowledge
work.
and experience in the
promotion and awareness of
dispute resolution and peace
building work. Assignments
are flexible in timing and
duration, and may be full or
part-time depending on the
circumstances. Typically
Mr. Amit Kumar Patni Mr. Amit Kumar Patni volunteers would have
Promoter Shareholder Promoter Shareholder
of Patni Computers of Patni Computers significant prior professional
Mumbai Mumbai
experience in a technical
area relevant to FICM-
MCN’s work, which they are
interested in sharing and
thus supporting our work on
a voluntary basis.
Student Ambassadors
How to apply
INVITING STUDENTS
STUDENT
A new program is
coming to campuses
this September to
supercharge College
AMBASSADOR
and University
students around the
world. Let's Learn,
Teach, Build and
Cultivate the Modern
PROGRAM
world to prevent and
manage disputes and
to live in peace!
FICM-MCN Student Ambassador Program is a Creative and resourceful, Student Ambassadors lead
campus connect program that aims to form a campaigns and projects at their colleges and in their
communities to encourage others to contribute to FICM-
network of like-minded students across India MCN Agenda of Peace. Together, FICM-MCN Student
and around the world. The program facilitates Ambassadors play a large role in helping to adopt new
and nurtures future leaders of the country and world dispute resolution measures.
contributes to their career growth. We want to
empower and groom select students around Educate others about FICM-MCN mission, Grow the
Young Peace Makers Community!
the world who will serve as Young
Peacemakers community, brand evangelists BENEFITS OF JOINING:
and new age dispute resolution ADR experts in
their respective institutions. Ÿ Obtain leadership roles on your campus
Ÿ Help grow our community (and spread our mission)
around the world
What you will do Ÿ Receive a bunch of cool rewards and recognition
opportunities
Ÿ Help promote the creative ways of preventing and
Ÿ Ideate on and execute innovative campaign
managing conflicts and resolving disputes and gain
plans. marketing experience
Ÿ Work on live marketing projects for the Ÿ Potential for a FICM-MCN internship
cause across various specialized services. Ÿ Access to a network of FICM-MCN-ADR Student
Ÿ Strategize and drive Word of Mouth in Ambassadors all over the world
campus events and activities.
NEWS & UPDATES
UPDATES
Inviting Contributions FICM-MCN
for for the upcoming Rules and
edition of OnpointRESOLVE. Procedures -
Revision and
Do you have something to write that is challenging the status
quo? We welcome writeups, articles and other material for
publication that encourages and Instills change!
Amendments
The Editor welcomes submissions of articles and research work on
all ADR systems and practices. international arbitrations. Articles CALL FOR FEEDBACK
should not normally exceed 2500 words in length including notes. AND INPUT FROM
Manuscripts must be submitted in the format of MS Word together MEMBERS AND
with CV.
CORPORATE COUNCIL ON
Guideline for prospective Contributors THE REVISIONS AND
AMENDMENTS (IF ANY) IN
OnPoint ALERT is the newsletter of FICM-MCN. Published every ALL THE RULES AND
month, it provides articles, insights and
information of interest to ADR professionals. Members and non- PROCEDURES OF FICM
members may submit articles at any MCN.
time.
In its approach to an
Style of articles
inclusive system, FICM-MCN
Our readers are mediators and arbitrators who would like keeps reviewing all its ADR
entertaining, interesting and informative articles from Rules and procedures
another practitioner’s perspective. If your article is accepted, the
Newsletter Committee may choose to include it in the upcoming or
periodically to keep pace
a future issue. Authors will be advised. with the changing times and
needs of communities and
For formatting purposes, articles must be: businesses and takes inputs
Ÿ submitted as a Word document and feedback from
Ÿ use only a standard font such as Times New Roman or Arial thousands of experts from
Ÿ No longer than 1,000 words around the word. If you have
Ÿ Each submission must include (in the same document) the any feedback or suggestions
author’s brief byline – your name and designations plus
maximum 30 words describing your organization and function, for the improvements in the
etc. If we do not receive, we will post only your name and the Rules, please contact us at:
information we have received with your submission. feedback@mediationhub.org
Ÿ a high-resolution photo, headshot (ideally minimum 300 dpi) in
jpg format sent as an attachment (not embedded in your email
message, thank you) to accompany your article.
Ÿ if using images, graphs or charts, please ensure they are
submitted as high-resolution images.
NEWS & UPDATES
UPDATES
New Online Domains for the Leveraging Social Media for
launch of more FICM a greater Cause
Services and DR systems
The organization has developed the new Launch of twitter FEED and other
services and will shortly launch these services Social media assets for the
under different domain names. Presently these furtherance of FICM-MCN Agenda.
domain names are targeting the same website,
but gradually each website will have its unique
content and followers. the web domains that
will be launched shortly are:
www.arbitrationhub.org
www.houseofjustice.org
www.ficm.in Inviting Regional Partners
www.mediationhub.in
FICM-MCN invites people and organizations
interested in exclusive regional partnerships.
Partnership entails setup and management of
regional center of FICM-MCN in your country.
Interested parties may send a brief proposal
indicating the interest of leading the
Advertising opportunities in development of FICM-MCN centers in your
country.
the Newsletter Magazine
OnPointRESOLVE
Advertising in OnPoint RESOLVE is an FICM-MCN Ethics Rules for
excellent way to deliver your message to over Neutrals - Under Amendment
one lac prospects across 20 countries in
addition to users who read the newsletter In order to ensure procedural justice and
online and other sources etc. maintain credibility and integrity of FICM-MCN
Neutrals, we have amended several articles of
To advertise to enquire about other FICM-MCN its Ethics Rules / Code of conduct for Neutrals.
marketing opportunities please contact The amendments include increased size of the
advertising@mediationhub.org Ethics Committee, party’s withdrawal of its
Join the international dispute
resolution ecosystem today.
Differentiate
Yourself
Memberships, and Partnership opportunities
are available for professionals who seek to
change this world with their creativity and hard work.
Learn, develop pr & Succeed. Take your ADR
Career to the next level. Join FICM-MCN
today. Learn more about becoming FICM-MCN
Member by calling Sonali, Director,
Membership & Accreditation: +91 8505999820
NEWS & UPDATES
UPDATES
INTERNATIONAL
Conflicts and
Disputes in
BUSINESSES
commercial
transactions
TO JOIN THE
around the world.
GLOBAL ALLIANCE
TWO TYPES OF
MEMBERSHIP
There are two types of
Develop your safety net for doing corporate membership: (1) an
introductory, annual, no-cost
business anywhere around the globe. associate corporate
You can now transact across border membership; and (2) an
with more confidence and certainty annual-fee sustaining corporate
membership with additional
that you can better prevent conflicts rights and benefits.
around your transactions and resolve
1. Associate Corporate
conflicts more efficiently. Membership
Joining the alliance is Free for An associate corporate
membership provides:
businesses at the moment.
REGISTER YOUR INTEREST 2. Sustaining Corporate
Membership
Register your organization’s Let us know if you have any
interest in corporate questions or if you wish further Sustaining corporate
membership today! information by calling us at +91 membership provides all of the
8505999820 or sending us and benefits of an associate
Our mission is to build worlds email at corporate membership plus:
largest alliance of members
that enables them to create a Register your organization – to An opportunity for your
security net for doing business become an FICM-MCN corporate representative to
around the globe. Associate Corporate Member
seek election to the ADRIC
or Sustaining Corporate
Member by completing the board of directors as one of
application form.
INTERNATIONAL
DOMESTIC FOCUS
INDIA
22
INDIA DESPERATELY NEEDS NEW WAYS
OF ADMINISTRATION OF CIVIL JUSTICE
DOMESTIC FOCUS - INDIA
IN THE SPOTLIGHT
“
Every stakeholder in our society, our government and in
our legal system should understand the symbiosis of
new world appropriate dispute resolution systems with
the legal justice system. The Law schools must
incorporate this knowledge in their curriculum and teach
new generation of lawyers to discharge their obligation
to serve the peace, order and good government of our
nation through the administration of justice.
INDIA DESPERATELY
Every stakeholder in our
society, our government
and in our legal system
OF ADMINISTRATION
legal justice system. The
Law schools must
incorporate this knowledge
OF CIVIL JUSTICE
in their curriculum and
teach new generation of
lawyers to discharge their
obligation to serve the
peace, order and good
government of our nation
through the practice of
hybrid and integrated
dispute management and
administration for
enhancing Rule of Law
and civil justice systems.
DOMESTIC FOCUS - INDIA
IN THE SPOTLIGHT
DISPUTE
Business Leaders are now
waking up to the need of
preventive management of
PREVENTION
conflicts across all functions
and business stakeholders -
Appointing specialized
& CONSENSUAL
resources for this critical
aspect of management.
CULTURE IS
and can be the cause of
PERVADING
mediation to include special arbitrators for
interim measures, deal facilitation, early neutral
evaluation, mini trials and dispute resolution
boards, as well as a Flat Fee Mediation
Program and a 15% Member Discount from
CORPORATE
Participating Neutrals.
INDIA.
Companies and their counsel can now include
FICM-MCN into their proactive strategies to
prevent and/or resolve disputes in a manner
that best protects operations, customers and
reputation.
NEWS & UPDATES
IN THE SPOTLIGHT
Organized independent consumer
dispute redress with private companies.
THE CONSUMER
OMBUDSMAN
FICM-MCN consumer ombudsman scheme Self-regulatory industry ombudsman
provides a fast and cost effective way for the
consumers to resolve their complex disputes with Established by agreement within an industry;
the companies. The ombudsman scheme combines appointed and reporting to an umbrella organization
neutral fact-finding, mediation and adjudication in set up by industry (but containing mixed members);
various tiers. The scheme employs a multi-tiered jurisdiction over consumer complaints about
process that involves elements of investigation and businesses participating in the scheme.
consensual dispute resolution methods.
Corporate organizational ombudsman
Companies can subscribe to the ombudsman
service either for ‘fire-fighting’ or ‘fire-watching’ Established by institution or company; jurisdiction
models; fulfilling either reactive (redress) or over internal workplace matters and/or external
proactive (control) functions. The former involves complaints by customers.
ombudsmen being primarily concerned with
individual dispute resolution and providing Functions
remedies that will redress individual injustice. The
latter involves ombudsmen being primarily The functions of consumer ombudsmen are:
concerned with using complaints to generate
systemic change and lead to improvements in Ÿ To provide independent resolution of disputes
service provision that can benefit the public more arising from contracts and transactions between
generally. consumers and private businesses
Ÿ an informal system to resolve complaints outside
The CDOS Ombudsman services can be employed the court system and provide redress to groups
to resolve individual disputes; promote change and or individuals
improvements in services (but to varying extents); Ÿ investigate and resolve complaints in an
and adopt a therapeutic approach, which seeks to impartial way
help aggrieved citizens and consumers better to Ÿ use intelligence from complaints to raise
understand the problems they have experienced. standards
Therapeutic’ complaint handling activities effectively Ÿ promote good practice in the sector they are
involve letting consumers down gently and helping overseeing and to increase consumer
them to understand why their complaint could not confidence in the relevant industry
be upheld. The ombudsman involve in Ÿ promote public and user trust in the bodies
‘expectations management’ and states that it subject to investigation
involves reshaping consumers’ perceptions of their
disputes in such as way that they feel able to move
from a dispute.
DOMESTIC FOCUS - INDIA
IN THE SPOTLIGHT
EMBRACING SELF REGULATION
Reputed house builders are signing up to belong to
the CDOS (Consumer Disputes Ombudsman
Scheme in a bid to enhance the confidence of
TATA Housing
house buyers in a time when the confidence of
house buyers is all time low due to many operators.
The scheme, which will offer a quick resolution to
deadlocked disputes of house buyers, would be
funded by a levy on house builders, with larger
signs up
ones paying more than small and medium-sized
companies.
Consumer
home directly from the developer, they have no
access to quick redress without going to court. The
good news is that the scheme will provide a better
Redress in the confusing state buyers face when
trying to resolve building defects, not helped by a
Ombudsman
plethora of warranties, house building codes and
complaints procedures.
Scheme
“Buying a new home is stressful enough, but buying
a defective one, as we heard from witnesses, can
take a toll on people’s well being as they wrestle
through the long and painful court procedures”
IN THE SPOTLIGHT
Inviting proposals
Proposals are invited from
parties who are interested in
opening the regional dispute
resolution and justice facilitation
centers
OPENING
DISPUTE
RESOLUTION
& JUSTICE
FACILITATION
CENTERS
with Regional Partners
DOMESTIC FOCUS - INDIA
IN THE SPOTLIGHT
INVITING NOMINATIONS
Most of the Civil and Commercial disputes
mainly require the use of ADR mechanisms,
FOR 120 MEMBER including but not limited to: Family Law
Disputes: Property Issues; Business disputes;
DISPUTE
Employment and Workplace; Insurance; Wills
and Estates; Franchising; Debt Recovery;
Partnership disputes; Joint Ventures;
Copyright, Entertainment; Intellectual Property;
Multi-party disputes; Community Interventions;
Neighborhood disputes; Corporate; and any
SETTLEMENT
other field that may require alternative dispute
resolution interventions.
LAWYERS
are result oriented in their specific area of
specialization.
IN THE SPOTLIGHT
The goal is to serve as an accessible dispute Dispute Resolution (ADR) has been a widely
resolution platform / institution to administer used set of processes around the world that
effective ADR. Our goal is to advance the continues to grow as a means of resolving
preventive law practice with a primary focus on even the most complex, high stakes cases.
mediation and creative dispute resolution Alternative dispute resolution ("ADR") is a term
processes. that includes a wide variety of processes for
managing or resolving disputes that differ in
“FICM-MCN ADR Lawyer” means becoming kind and scope from judicial adjudication. But
part of a leading organization invested in the ADR is more than simply an alternative or
work of creating a social fabric dedicated to corrective to the existing court structure. In
advancing “appropriate and alternative dispute many situations, ADR offers lawyers a better
resolution”. way to practice law, presenting opportunities
for problem solving, peacemaking, and
The Traditional Lawyer / Lawyering vs. ADR responsiveness to clients' needs and interests
Lawyer that do not exist in traditional legal practice.
One of the most often heard complaints about Traditional lawyers have more often ignored
lawyers is that they exacerbate conflict the theories of “therapeutic jurisprudence” and
between people – primarily due to their main “preventive law” that guides the use of ADR in
focus on adversarial practice of law. Clients are dispute prevention and management and help
more and more seeing lawyers who are skilled both lawyers and clients make better
and also open to use other diverse procedural choices.
mechanisms of dispute resolution. Lawyers
who are open to hear and analyze and use The ADR Advocacy and ADR Lawyering
every means to RESOLVE – EARLY AND need of new world
EFFECTIVELY.
Alternatives to the court adjudication of civil
Although lawyers add great value to society, and commercial disputes are a welcome
the esteem in which our profession is held - not corrective to the Indian justice system.
only by the public, but by practitioners ‘Appropriate’ Alternative
themselves - has declined greatly in recent
years. There is a widespread sense that the
practice of law is devolving from a profession
with a public calling into a business - and a
business with sharp practices at that. Some
lawyers, judges, and law professors have
criticized law schools for failing to improve the
situation or even for making it worse.
IN THE SPOTLIGHT
Having a Dispute?
Let FICM-MCN
Help You
Resolve
a Dispute
Many organizations simply do not have the time, resources or knowhow to recruit
qualified ADR professionals, design workable systems or administer cases effectively
and efficiently.
These organizations, nevertheless, still wish to reap the rewards of ADR. Other
organizations want administration and appointment handled by a third-party neutral in
order to create distance between the ADR professionals and the party paying for the
ADR professional’s services, as well as to ensure that there is neither bias nor
perception of bias.
Let FICM-MCN help you resolve your disputes.Call us at +91 85 05 99 98 20 for more
information.
ONE Building
WORLD the global
ecosystem
ONE of Dispute
INSTITUTION Resolution.
FICM-MCN
NEW INITIATIVES
22
INDIA DESPERATELY NEEDS NEW WAYS
OF ADMINISTRATION OF CIVIL JUSTICE
BORN IN INDIA
BONDING THE WORLD
Dispute Resolution Ecosystem
for the Modern world.
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