Mediation

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Mediation

Mediation is an alternative conflict and dispute resolution mechanism.

Mediation is a process through which a Mediator – an independent and impartial neutral, facilitates disputants to arrive at practical and mutually agreeable solutions to resolve their conflict.

Mediation is

  • voluntary
  • confidential,
  • non-evaluative
  • non-adversial
  • flexible
  • economical
  • fast

The essential spirit of mediation lies in its voluntary nature and confidentiality.  The mediator is not a judge and will not evaluate the case. The settlement reached under mediation is binding, valid in law and is not appealable.

The success of mediation globally is around 70% and is on the rise. India is also mediating more because of the amendment to the Civil Procedure Code and the mandatory requirement of pre-litigation mediation in the Commercial Courts Act and in certain family disputes. Court annexed mediation centers have been created by the Hon’ble High Courts, where certain pending cases are referred for mediation.  There is no specific law for private mediation or pre-litigation mediation. However, institutional mediation is recognised and BIMACC is grateful to be recognised by the Govt. of India in this regard.

BIMACC has taken initiative to set up India’s first International Mediation Centre. It has on its panel, several international mediators who are experienced in Commercial, Corporate and Intellectual Property mediation, as well as matters relating to family and consumer disputes. It offers state-of-the-art facilities at its Centre and has framed its own rules in conformity with international standards. The cost of mediation compared to arbitration or litigation is very inexpensive. Being voluntary, it creates a “win-win” situation at the end of mediation. The Mediation Centre also has facilities for video conferencing or online mediation for certain cases.

The settlement reached under mediation is binding and is not appealable.

  1. Corporate Mediation
  2. General Commercial Mediation
  3. Debt Recovery, Insolvency and Bankruptcy Mediation
  4. Intellectual Property Mediation
  5. Real Estate Disputes
  6. Partition and Succession Disputes
  7. Matrimonial Disputes
  8. Community and Neighborhood Disputes
  9. Inter-state, Tariffs, Boundary and River disputes
  10. Workplace and HR related Disputes
  11. Internet, Domain Name and Technology related disputes
  12. Sports and entertainment disputes

“In the event of a breach of the terms of this Agreement or in the event of any differences or disputes arising between the parties in regard to this Agreement or any matter relating thereto, the same shall be referred for Private Mediation under the Bangalore International Mediation, Arbitration & Conciliation Centre, (BIMACC) Rules by appointing a BIMACC Approved Mediator and effort shall be made to ensure the disputes are resolved within 60 days from the date of first hearing by the Mediator, unless mutually agreed to be extended by all the parties, for such extended term.”

You can find other model clauses here

Request a Mediation by downloading and filling up the form to the right.

REQUEST A MEDIATION PDF DOWNLOAD

Application Empanelment

Kindly fill up the application for empanelment as a Mediator and send it to BIMACC.

Upon receiving the same, Board of Governance of BIMACC and/or the Arbitration Committee will review your application.

Your empanelment is subject to you agreeing to follow the BIMACC rules of Mediation, for all disputes referred by BIMACC to you as a Mediator.

Download the Empanelment Form

Application Empanelment
    Ms. Revathi Thiruvengadam

    Ms. Revathi Thiruvengadam

    Ms. Revathi holds Bachelor’s Degrees in Arts and Education from SathyaSai University and a Bachelor‘s Degree in Law from the University of Bangalore. She holds a Post Graduate Diploma in Computer Applications from the Delhi University. Admitted to the Bar in 1992, Ms. Revathi Thiruvengadam is also a Registered Indian Patent Agent and a Trade Mark attorney. She also handles matters relating to Real Estate.

    Dr. S. Jahwari Sudarsanam

    Dr. S. Jahwari Sudarsanam

    Dr. Sudarshan is a Professor at M.S. Ramaiah College of Law, since 2009 and has also served as the Principal during 2009-2010. During 2004-2009, she was Assistant Professor in the Department of Law, Addis Abada University, Ethopia and Associate Professor at National University of Rwanda. After doing her B.Sc., she pursued law and holds an M.L. and PhD. A member of the Indian Institute of Law, New Delhi and Academy Law Review, Trivandrum, her research interests are in the field of women’s rights and human rights, on which she has done extensive research and has a number of publications to her name.

    Mr. Ashok Ram Kumar

    Mr. Ashok Ram Kumar

    Mr. Ashok Ram Kumar graduated in Law from Osmania Law School in the year 1989 and joined the Bar the same year. He specialises in Intellectual Property Rights.

    Ms. Navitha Rathore

    Ms. Navitha Rathore

    Mrs. Navitha Rathore is an associate at Thiru and Thiru, Bangalore. She received her B.A. LL.B. from University Law College, Bangalore.

    Mr. R Rajagopalan

    Mr. R Rajagopalan

    Mr. Rajgopalan is Mentor-Director at Nettur Technical Training Foundation (NTTF), Bangalore.  He is a Chartered Accountant – ICAI and practised as a Professional CA during 1973-75. Prior to joining NTTF, he was working as a Finance Executive with BPL India Ltd., as overall incharge of accounting and finance matters.  He has also worked at Toyata Production System and has played active role in implementing Oracle E-Business and improving the software Preactor.

    Mr. Sunil Kumar Meledath

    Mr. Sunil Kumar Meledath

    Mr. Meledath is a practising lawyer, enrolled in the Bar Council of Kerala. He received his B.L. from the Mangalore University, M.A. in Human Rights from the Kingston University and M.L. in Business and Commercial Law from the Liverpool John Moores University. He has over 15 years of experience as a lawyer, both in civil and criminal matters.

    Ms. Roopa Traisa

    Ms. Roopa Traisa

    Ms. Traisa teaches at the Centre for Management studies, Jain University, Bangalore. She did her M.Com. from Bangalore University and received her M. Phil. from Madurai Kamraj University.

    Mr. Kambam Vedantan

    Mr. Kambam Vedantan

    Mr. Vedantan is presently a visiting professor at the Centre for Management studies, Jain University, Bangalore. He holds a B.Sc. and received PGDJ and MBA from Guru Ghasidas University, Bilaspur.  During 2009-2015, he was an Associate Professor, OB & HRM at Christ University Institute of Management, Bangalore. He has a rich teaching experience and was academic head at BIPD Business School, Hyderabad and Professor at Magnus School of Business. His teaching interests include Organizational Behaviour, HR, Entrepreneurship and Foreign Exchange.

    Mr. S. Ravi

    Mr. S. Ravi is Secretary at Bala Vinayaka Vidyaniketan. He holds a degree in B. Com and specialises in Banking matters.

    John J Nereyeth

    Mr. John J Nereyeth

    Mr. Nereyeth is an independent management advisor, with over 30 years of wide ranging consulting experience in audit, finance, costing, taxation and corporate/legal matters. He received his B.Sc. from Loyola College, Madras University and LLB from Bangalore University. He is a Fellow Member of the ICAI, Associate Member of ACMA, India and ICSI. He has held important positions at Deloitte Haskins & Sells (DHS), S.B. Billimoria & Co., Millipore India Pvt Ltd, and other organisations.

    Mr. S. Arunagiri

    Mr. S. Arunagiri

    Mr. S. Arunagiri is a practicing lawyer, enrolled in the Karnataka State Bar Council, with 29 years of practice. He holds an M.A. and LL.M.

    S. Kannan

    Mr. S. Kannan

    Mr. Kannan is an FCS, advising and assisting companies on matters pertaining to accounting, taxation and legal issues. He has about 28 years of corporate work experience which includes banking, service and product companies. He holds a B. Com and an LL.B. degree.

    M Manjunatha Reddy

    Mr. M Manjunatha Reddy

    Mr. Manjunath Reddy, an ACS is the Founder and Director of Legal Monk Advisors Private Limited, Company Secretary firm in Bangalore. He has more than 7 years of experience in handling all the intricate matters of SEBI, FEMA.  He has also been the Chairman of Bangalore Chapter of ICSI. He has presented many papers on funding & financing for the companies.

    Rajesh S. Narang

    Mr. Rajesh S. Narang

    Mr. Rajesh S. Narang is an FCS and is a Corporate Management Advisor with substantial in-house corporate experience, providing expert legal and commercial advice. His areas of expertise include Public Listed Company Advisory & Governance Matters, IPR Matters, Corporate and Commercial laws, Mergers, Acquisitions and other forms of Corporate Restructuring etc. Previously, he was the Vice President and Legal/ Company Secretary to Mind Tree. He also headed Aztecsoft Ltd., additionally being its Company Secretary.

    Wasiuddin Dadni

    MD. Wasiuddin Dadni

    Mr. Wasiuddin Dadni is a practicing lawyer, enrolled in the Bar Council of Tamil Nadu and Puducherry. He holds a degree in Electrical and Radio Communication Engineering, Law and a PG (Dip) in Alternative Dispute Resolution.

    C Veerabhadraiah

    Mr. C Veerabhadraiah

    Mr. Veerabhadraiah has served as the Additional Director (DIC), Department of Industries and Commerce, Karnataka.

    Anand Krishna Deshkulkarni

    Mr. Anand Krishna Deshkulkarni

    Mr. Deshkulkarni is an ACS who received his M. Com. in Banking    and Insurance Management from the Annamalai University, Tamil Nadu and LL.B. from Bangalore University.

    Anand Krishna

    Mr. Anand Krishna

    Mr. Krishna is a management professional with more than 25 years of experience in management, consulting, marketing, M&A advisory and general management.

    Ms. Sree Rekha S N

    Ms. Sree Rekha S N

    Ms. Sree Rekha is a lawyer who specializes in real estate matters. She has a diverse educational background and she holds a B.Sc., ICWA, and M.L. She received her Dip in Finance from London School of Economics and Political Science.

    Guruprasad

    Mr. Guruprasad

    Mr. Guruprasad is a fellow member of ICA and holds a B.Sc. and   LL.B. He is an advocate, arbitrator and a Marriage and Family Therapist (MFT).

    Ms. A. N. Shanthala

    Ms. Shanthala is a lawyer, enrolled in the Karnataka State Bar Council. She received her LL.B. from Gulbarga University and she practices in the Trial Courts as well as the High Court of Karnataka. She has expertise in family law matters and has handled several complex and intricate family disputes.

    Mr. R Venkat Raghavan

    Mr. Raghavan is a Foundering partner of Escalade IP Services, Bangalore. He received his B.A. LL.B. from the Bangalore University and completed his LL.M. from University of California, Los Angeles.

    Mr. Binoy Chacko

    Mr. Chacko is a partner at Joseph & Chacko LLP, Company Secretaries. He is an FCS and an Insolvency Professional registered with the Insolvency and Bankruptcy Board of India (IBBI) and has rich experience in corporate work.

    Mr. Jagadeesh M

    Mr. Jagadeesh is a Partner in Tapas Law. He is a lawyer enrolled in the Karnataka State Bar Council with about 18 years of practice. He has experience in corporate, commercial, civil and Real estate laws.

    Mr. Daniel Pacheco

     

    Mr. Pacheco is an innovative entrepreneur who is working in educational support activities. He has a very rich and diverse educational background and holds B.Com., LL.B., Dip T&D, DHRM and PGD in Industrial Psychology

    Mr. Satish Srinivasan

     

    Mr. Srinivasan holds a degree in B.Com from the University of Pune and went on to take his Masters in Personnel Management (MPM) from the University of Pune. He received his LL.B. from Symbiosis Law School, Pune.

    Mr. I Jabakumar

     

    Mr. Jabakumar is a practising lawyer, enrolled at the Bar Council of  Tamil Nadu and Puducherry. He completed his Bachelor of Laws (LL.B.) from the Karnataka State Law University, Hubballi in 2015 and then went on to do his Masters in Computer Applications (MCA).

    Mr. G Venkatesan

     

    Mr. Venkatesan is an advocate on the rolls of the Karnataka State Bar Council and is also enrolled with the Bar Council of India. He holds a Diploma in Civil Engineering and a B.E. (Civil) and received his LL.B. from the Karnataka State Law University, Hubballi.

    Mr. Niranjan N. Sabhait

    With over 20 years of professional experience in advocacy as a practicing advocate and in-house corporate counsel both in India and abroad, Mr. Niranjan N Sabhahit (‘Niranjan’) is an accomplished corporate lawyer.

    Niranjan holds law degree from University of Mysore and also completed his master’s in business laws from prestigious National Law School of India University, Bangalore.

    He was admitted to Karnataka Bar Council in 1994 and practiced law as an advocate before High Court of Karnataka and other subordinate courts on a variety of ligation, including civil, property, revenue, consumer, corporate, labour and matrimonial matters.

    As a corporate legal manager, Niranjan has extensive experience of working on a large M & A deals, large outsourcing IT/ITES contracts and high value commercial contracts,  during his association with some of the largest business houses in India, including Tatas, JSW and Bosch, India.

    Mr. Arjun N. A.

    Arjun NA, proprietor of Arjun and Co., Company Secretaries. He is an Associate Member of the Institute of Company Secretaries of India and received BBM from Mysore University, LLB from Karnataka State Law University and MCOM(CS) from Bharathiar University. He has secured University first rank and a
    gold medal from Bharathiar University. He has more than 3 years of experience in Corporate Law practice.

    Mr. Akesh Abhilash

    Mr. Akesh is a Singapore Mediation Centre Accredited Mediator. He has completed his LLM, the University of Hawai’i at Manoa and  LLB (Hons), Singapore Management University. He is a Senior Legal Associate, Harry Elias Partnership LLP, Singapore. His area of specialisation is Commercial Litigation and Dispute Resolution. He has represented various clients in several mediations.