Future Activities
BEAM ADR continues its ADR journey beyond the boundaries by venturing into contemporary activities for the betterment of MSMEs, Women Empowerment, budding lawyers, and Law students of the underprivileged segment.
Following are the future activities planned by our NGO BEAM ADR on quarterly interval.
- Day long workshops specific to ADR practice for the Govt Law Colleges.
- Industry Specific ADR training for the MSME associations
- Academic and International ADR Institutions connect projects
Accordingly, the following Academic calendar has been framed by the Executive team.
1. Dispute resolution for the IP disputes under the aegis of WIPO and IP repositories.
WIPO’s Arbitration and Mediation Centre
To promote the use of ADR in intellectual property disputes, WIPO offers the following procedures through its Arbitration and Mediation Center:
Mediation
The dispute is referred to the Micro and Small Enterprises Facilitation Council, which is responsible for conducting conciliation. The Council can act as the conciliator itself or appoint an institution to do so.
Arbitration
The Council attempts to settle the dispute through conciliation. If the parties are unable to reach a settlement, the Council can act as the arbitrator.
Expedited Arbitration
An arbitration procedure that is carried out in a short time and at reduced cost.
Mediation followed, in the absence of a settlement, by arbitration.
These procedures are administered under rules that were developed with the active involvement of many leading ADR and IP practitioners and scholars. To facilitate the submission of disputes to one of these procedures, the Center has developed model clauses, which contain the elements on which parties should reach an agreement before a procedure is initiated. These clauses can be found on the Centre’s website.
2. Dispute resolution for the Construction Sector under the aegis of the Builders Association and MSME Organisation.
The construction industry is known for disputes, which often arise due to complexities in project management, differing interpretations of contractual terms, and unforeseen challenges during the construction process. These disputes can range from disagreements over project delays and cost overruns to disputes regarding design changes and quality standards. Resolving these issues requires a careful examination of contracts, effective communication among stakeholders, and sometimes, legal intervention.
As the industry evolves, there is an increasing emphasis on proactive dispute resolution mechanisms to address conflicts efficiently and maintain the overall integrity of construction projects.
ADR stands for Alternative Dispute Resolution. It refers to ways of resolving disputes without going to Court.
There are different forms of ADR and the routes to resolving disputes outside of the Court can be particularly attractive for a variety of reasons.
3. Emergence of ODR and its role for MSME disputes – ICCI Member business organization.
Online Dispute Resolution (ODR) can help resolve disputes between Micro, Small, and Medium Enterprises (MSMEs) by providing a faster and more efficient way to resolve payment-related issues:
Faster Resolution
ODR can help resolve disputes faster than traditional methods.
Eases the burden on MSEFCs
ODR can help reduce the burden on Micro & Small Enterprise Facilitation Councils (MSEFCs).
Lessens implicit bias
ODR platforms can help reduce unconscious bias by resolving disputes based on the information and claims submitted by the parties, rather than who they are.
Uses Technology
ODR uses technology like case management systems, digital signatures, and multichannel communication to streamline the dispute resolution process. ODR is a combination of Alternative Dispute Resolution (ADR) and Information and Communication Technology (ICT). It can use a variety of approaches, including:
Technology takes a dominant role
Intelligent systems can play a key role, representing parties, functioning as impartial mediators, and more.
4. Mediation and Arbitration – correlation and its application for effective dispute resolution – Workshop for the GLC students.
A hybrid mediation-arbitration approach called med-arb combines the benefits of both techniques. In this increasingly popular process, parties first attempt to collaborate on an agreement with the help of a mediator. If the mediation ends in impasse, or if issues remain unresolved, the parties can then move on to arbitration. The mediator can assume the role of arbitrator (if qualified) and render a binding decision quickly, or an arbitrator can take over the case after consulting with the mediator.
Operating instructions:
In med-arb, parties first attempt to hammer out a collaborative agreement, working together and in private sessions with a mediator or “med-arbiter,” a neutral third party trained in med-arb. (For a review of mediation, read Make the Most of Mediation). In most cases, the med-arb process turns into a successful mediation with no need for arbitration.
What if there is no dispute resolution and the dispute remains unresolved?
The matter would then be arbitrated. If a med-arbiter is handling the entire process, she would impose a binding decision based on her judgments about the case. If parties had reached an agreement on some issues, the med-arbiter would rule only on the issues that remained. Alternatively, as mentioned, an arbitrator could take over all or part of the dispute from a mediator.
What it can do:
The threat of having a third party render a decision in a binding arbitration often inspires disputants to work extra hard in mediation to come to an agreement. Med-arb can be especially effective when you’re under time pressure, as in a labor dispute, and when you need to work with the other party in the future. And if you hire one person as mediator and arbitrator, you save time and money by eliminating the need to start arbitration from square one if mediation fails.
Safety warning:
When you know your mediator may ultimately decide your fate, you might feel inhibited about sharing confidential information with him about your interests. After all, what if the mediation moves on to arbitration and he uses that information against you? You’ll need to weigh this legitimate concern against med-arb’s proven ability to get disputes resolved quickly.
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