The Charter of International Centre for Mediation and Conflict Resolution
We, the people who have faith in the process of peaceful conflict and dispute resolution, do solemnly resolve to stay resolute by our
To practice and pursue for growth and implementation of conflict resolution
To learn, educate and inculcate the active practice of constructive, peaceful, amicable and justice induced conflict resolution
To encourage and imbibe responsive and restorative engagement in place of reactionary and retributive engagement
To advocate mediation and negotiation in all practice of life
To make conflict resolution accessible, time conserving, resourceful and for protecting from potential risk or cost of life
With The Dream
To see a shift from adversarial to inquisitorial and participative system of conflict resolution
To avoid and shun the asymmetries existing in the society
To unite and value different perceptions of opinions, facts and truth
To arrive at peaceful solutions during distressing times
To emerge at peaceful resolution with empathy and togetherness
To forgo differences and To forge unity
To make accessible the opportunity of justice
To avoid delay to justice
To stay resolute by justice
The International Centre for Mediation and Conflict Resolution established hereunder shall function in accordance with the provisions of the present Articles. The dispute resolution process taken up by the Panel of Mediators shall be administered and function in accordance with the provisions of these Articles.
Aims and Objectives of International Centre for Mediation and Conflict Resolution
To develop and inculcate a healthy dispute resolution environment for those involved in any dispute, such that an amicable solution, which is just and and moral is arrived at.
To initiate, carry out, execute, implement, aid and assist in activities towards enhancing dispute resolution between private individuals, organisations, families, groups, communities, states or nations.
To provide a legitimate and dependable alternative to resaving any disputes that arise between two or more than two individuals or groups.
ICMCR will meet the timely requirements of appropriating trained, skilled and justice induced panel of mediators in both quantity and quality on an evolving basis.
To imbibe the values of time and money saving through dispute resolution process in order for the disputed parties to be able to resolve their dispute effectively, efficiently and in a equitable manner.
To facilitate setting up of such dispute and conflict resolution centres across various countries, apart from India, and to make them available to the public at reasonable remuneration.
To identify skill development needs and review the performances of dispute and conflict resolution process that are in practice, in order to improve the system of conflict resolution with changing times.
To facilitate the setting up of a transparent, stringed and regulated process in the disputes and conflicts resolution mechanisms available at ICMCR, to ensure consistency and acceptability of standards.
To liaise and collaborate with various associations working on similar issues or by the way of memorandum of understanding for improving conditions of dispute and conflict resolution, including through the services rendered by ICMCR, its management, arrangement and any other requirement as and when required to do so.
To liaise and collaborate with any other institutions which specialise in ensuring the health, safety and stability of kids who are at the risk of being affected by trauma or any other situations that may be a cause of concern for their mental health.
To ensure that the mental health of the parties, especially in disputes or conflicts where there are children involved, is not adversely affected by the dispute or conflict which will be resolved under the dispute and conflict resolution mechanism at ICMCR.
To run education institutions, training institutions, research institutions, training establishment and any other establishment as may be required in due course of functioning of ICMCR and in furtherance of its objects. ICMCR may also publish books, reports, journals, magazines, newspapers, periodicals, thesis, research writings, discoveries, documents, news and information.
Organisation of the Panels under ICMCR
The various Panels established for the purposes of resolving disputes through alternative dispute resolution process and for community conflict resolution, shall be composed of a body of independent mediators, empaneled from all nations, who posses high moral character, the qualification and integrity required across various countries to further the administration of justice induced dispute resolution process in the society.
The members of the Court shall be empaneled by the Governing Council, by the aid and advice of the Panel of Advisors, and those empaneled shall belong to multiple national and local groups existing in the world today.
The members of various Panels of dispute resolution processes, shall be appointed for a time decided by the Governing Council and as acceptable to the honourable Panel Members.
Every member of the Panel shall, before taking up the role as Panel Members, must take a solemn oath, in writing or orally in presence of the Governing Council, to exercise their roles and responsibilities with impartiality, with conscientiously, with integrity, all the while ensuring equity, justice and morality is upheld.
Role and Duties of the Panel
ICMCR shall strive to resolve every dispute or conflict that has been ascribed to it for the purpose of resolving a dispute or a conflict through peaceful, amicable and equitable procedures. In this process, the role of the Panel of Mediators is indispensable in resolving the dispute between conflicting parties. Panel Members at ICMCR are skilled and trained professionals who undertake responsibility of ensuring the process of dispute and conflict resolution be implemented.
ICMCR from time to time empanel as many experts and professionals as may be required to ensure the aims and objectives of ICMCR are implemented.
The Panel Members, when assigned to any dispute or conflict resolution process shall conduct themselves with utmost responsibility and integrity for a peaceful resolution, with impeccable communication skills for developing communication between disputed parties, with patience and creativity for ensuring finality to the dispute.
The Panel Members, shall take responsibility of those vulnerable groups involved in the dispute or conflict, especially children and ensure that their rights are protected, and their stake in the dispute be respected and equally resolved.
The Panel Members, must not only strive to bring the best solution to the table but must also ensure that the parties are agreeable to a mutually respectable solution to the dispute. In this process of resolving complex disputes, there are no guidelines for specific situations, however, ICMCR places trust in the instinct and integrity of the Panel Members.
Competence of the Panel Members
The Panel Members, so empaneled by ICMCR shall be competent to be on the Panel of Mediators for dispute resolution process between private individuals, parties, groups or communities. Their competence will be reviews and certified by ICMCR, and ensure that all the legal requirements and skill requirements of a qualified mediator are met. We at ICMCR ensure that world standards are met and set, in order to ensure that dispute and conflict resolution in the society today functions effectively.
The competent Panel of Mediators have the right to make enquires and request for all the legal documentation or previous documents related to any dispute that has been referred to ICMCR for dispute and conflict resolution.
The Panel of Mediators are also competent to conduct and hold meetings as per convenience of the parties, however ensuring that the time periods prescribed by ICMCR are met. The Panel of Mediators are also competent to decide on the purpose of the meeting, and ensuring that the dispute resolution process functions in a transparent and timely manner.
The Panel of Mediators are competent to provide an amicable solution to the dispute and are also competent to ensure that an amicable solution is implemented. The Panel of Mediators are competent to oversee the settlement agreement be signed, sealed and executed.
The official language in which ICMCR functions is English. However, there are no restrictions based on language or nationality, as ICMCR Panel of Mediators are other members of the ICMCR are competent to comply with any language requirements that all the parties of the dispute are agreeable to.
In cases where the alternate dispute resolution process is Court-mandated, ICMCR will ensure the requirements of the Honourable Courts are met. In all other dispute and conflict resolution processes at ICMCR, the goal is to resolve the dispute in the soonest possible time.
ICMCR has drafted specific rules for different dispute resolution process, such as specific rules for Family Disputes Mediation, Commercial Disputes Mediation, International Civil and Commercial Arbitration and for Conflict Resolution at Community level. All these dispute resolution processes are governed by their respective Rules and Procedures. The same may be amended from time to time.
ICMCR will follow the procedure as mentioned in the Rules and Procedure of each specific type, industry or the community or country in which the dispute arose in. Naturally, ICMCR shall also use creativity and instinct to assess, read and react to various situations that may arise during the process of the dispute or conflict resolution.
ICMCR’s Role as Advisors
In many instances, especially in community or disputes between large groups, ICMCR or the Panel of Mediators might not be in a position to ensure that the dispute settlement in reached at. However, ICMCR will ensure that the an amicable resolution to the dispute is arrived at, and the resolution so arrived at by ICMCR and its Panel of Mediators will function as an advise to the community at large, and the same amicable solution along with other requirements will be made public.
ICMCR also pledges to work together with any Government, non-partial organisation, community, group or individuals across the globe on Advisory level, especially in furtherance of the aims and objectives of ICMCR.