AMIKA

What is AMIKA?

AMIKA Arbitration and Mediation Council is a Mediation Service Provider within the meaning of the Mediation Act, 2023, and an Arbitration Institution within the meaning of the Arbitration and the Conciliation Act, 1996.

• AMIKA is a Society registered under Section 3 of the Societies Registration Act 2001 of the Government of Telangana,
• AMIKA has a panel of trained and certified mediators, advocates, senior bureaucrats, national and international experts;
• AMIKA provides Mediation, Conciliation, and Arbitration in disputes relating to Trade, Business, Commerce, Property, Matrimony, Family, Domestic Violence and all other issues where outside the court settlement is possible and permissible under the law.
• AMIKA creates an enabling environment for the disputants to settle their grievances amicably and without any force or favour;
• AMIKA facilitates and conducts Online Alternative Dispute Resolutions systems where attendance at AMIKA centre is not possible and feasible for the parties;
• AMIKA undertakes domestic and international disputes for mediation, arbitration, and conciliation;
• AMIKA extends education and training in mediation and ADR to propagate the concept of out of court settlement of disputes to create an amicable environment for the disputants;
• AMIKA provides Research facilities in ADR for prospective researchers.

Why AMIKA?

Indian Courts are undergoing a number of challenges like mounting overload of work, increasing number of cases, and piling up of pendency, in addition to receipt and disposal of cases that do not require litigation in a formal judicial system and can be resolved through an open dialogue between litigants. The situation warrants alternative dispute resolution methods. It was in this background; that a Conference of Chief Ministers and Chief Justices of various states was held in New Delhi on 4th December 1993 under the Chairmanship of the then Prime Minister of India and presided over by the Chief Justice of India. The Conference has passed the following resolution:

The Chief Ministers and Chief Justices believed that Courts were not in a position to bear the entire burden of the justice system and that many disputes lent themselves to resolution by alternative modes such as arbitration, mediation and negotiation. They emphasized the desirability of disputants taking advantage of alternative dispute resolution which provided procedural flexibility, saved valuable time and money and avoided the stress of a conventional trial. It was felt that in a developing country like India with major economic reforms underway within the -work of rule of law, strategies for swifter resolution of disputes for lessening the burden on the Courts and to provide means for expeditious resolution of disputes, there is no better option but to strive to develop alternative modes of dispute resolution by establishing facilities for providing settlement of disputes through arbitration, conciliation, mediation, negotiation” ( Ref: ICADR website). Thereafter, Arbitration, Conciliation, and Mediation have gained prominence

For early settlement of disputes by arbitration, the Arbitration and Conciliation Act, of 1996 was enacted that was brought into force with effect from 22 August 1996. Thus, Arbitration has become a part of Alternative Disputes Resolution. Furthermore, it appears from the amended Section 89(1) of the Code of Civil Procedure, 1908 that the court has to refer the disputes either by way of an Arbitration, Conciliation, Judicial settlement, settlement through Lok Adalats or Mediation if the courts feel that there are elements of the settlement. Additionally, Section 12 A of the Commercial Courts Act 2015 makes Mediation at the Pre-Institution Stage of the litigation mandatory. Later, Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018 were notified on 3rd July 2018.

The Mediation and Conciliation Project Committee (MCPC) 2005 established by the Honourable Supreme Court of India has encouraged Mediation as a method of resolving disputes out of court for amicable settlement. All the courts in India, have thereafter established Mediation centres within their premises to refer the matters for amicable settlement.

Taking a cue from the available legislation in India on Mediation, Arbitration, and Conciliation AMIKA has been established as a Registered Society for Alternative Disputes Resolution under the Societies Registration Act for taking up disputes for an out-of-court settlement.