Procedure

CDMAC will receive “Requests for Mediation” or “Request For Arbitration” from any party to a dispute along with the details of the dispute and the respondent’s details.

CDMAC will send a notice to the respondent informing the request as received and for their consent.

The details of how the process may continue is made available in the form of standard rules of CDMAC.

If the respondent does not consent, the matter is treated as closed.

If the respondent seeks any details such as the process of Mediation/Arbitration etc, it will be provided and the initiation of the proceedings will be held in abeyance.

Since this service is purely voluntary between the disputing parties there is no compulsion of any sort on the respondent to accept the request.

If the request is accepted, the acceptance is recorded and CDMAC will proceed further with the appointment of the Mediator/Arbitrator as per the rules and procedures.

After a Mediator/Arbitrator is agreed to by both the parties, the Mediator/Arbitrator will schedule the further proceedings within the broad parameters of the standard rules along with any specific changes that he may consider appropriate for the specific case.

CDMAC will assign a co-ordinator to process the request received until it fructifies into a proceeding. Once the Arbitrator/Mediator is appointed, the “Registrar” will take over further record keeping and coordination until the proceedings end with a mediation settlement or arbitration award.

If the Mediation fails, the same will be recorded in the closure report along with the reasons. In the case of arbitration, the award will be provided even if one of the parties may abandon the hearings during the process.

The settlement agreement or the award may be used by the parties to inform the relevant judicial authorities for conversion into a legally acceptable order.

The Judicial authority will have the right to reject the proceedings of the Mediation/Arbitration for valid reasons in which case the aggrieved party may take up an appeal at the appropriate higher judicial authority or proceed to comply.

CDMAC follows the principles of Mediation and Arbitration as provided for in the Arbitration and Conciliation Act 2015 effective from 23rd October 2015 and therefore considers the proceedings to be within the accepted judicial process in India.

However, CDMAC being a private initiative, does not guarantee that the proceedings will be not be dishonoured by the Judicial authority.

CDMAC will be using the services of ODRGLOBAL.IN for conducting online hearings and also for Back office services such as sending notices etc including conducting offline hearings as may be required.

Naavi

Share