Alternative Dispute Resolution – The AMIKA

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In a society increasingly dependent on technology and globalization, effective and amiable dispute resolution processes are critical. Alternative Dispute Resolution (ADR) provides an appealing alternative to the traditional, often lengthy, costly, and confrontational court system. AmikaArbitration and Mediation Council (AAMC) Hyderabad, exemplifies this transition by providing a platform for the peaceful resolution of disputes using various ADR procedures.

The growing burden on Indian courts, which totals approximately five crore cases across all courts in the country, the opening up of the economy to attract foreign direct investment, changing societal norms, societal problems, family structure, matrimonial relations, recognition of women’s property rights, and urbanisation have prompted India to consider an alternative approach to dispute resolution.  

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The Mediation and Conciliation Project Committee (MCPC) of the Supreme Court of India, founded in 2005, and the Justice Sri Krishna Committee, created in 2017, have actively campaigned for the institutionalisation of mediation and arbitration as alternative dispute resolution methods. Disputants from industry, business, commerce, and families also wanted a faster approach to resolving their disputes without relying heavily on courts and without court intervention in dispute resolution processes that are possible outside of courts and that are resolved through mutual consent and agreement, and the subject matter is not about the rights of a third party, nor is it in the domain of the state’s law and order.

The demand not only prompted the government to enact the Mediation Act of 2023, amend the Arbitration and Conciliation Act of 1996 in 2016, 2019, and 2021, and amend the Commercial Courts Act of 2015 to mandate pre-institutional mediation for dispute resolution, but also encouraged private players to participate in alternative dispute resolution systems. Amika Arbitration and Mediation Council (AAMC), established under the aegis of Amika a Society for Alternative Dispute Resolution, 2021 is one of such institution for alternative dispute resolution focusing on mediation, arbitration, and capacity development in alternative dispute resolution through training courses.

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In today’s complicated world, disagreements are commonplace, affecting individuals, corporations, and organizations alike. Traditional litigation can be expensive, time-consuming, and frequently leave parties feeling unsatisfied and unhappy. Recognizing this need, Amika has emerged as a leading champion for alternative dispute resolution (ADR), providing a number of strategies for achieving peaceful and effective outcomes.

While ADR institutions in the private sector are commercial in nature and focus on commercial disputes, Amika takes a unique approach to resolving family disputes through dialogue, uniting the couple in matrimonial disputes, offering reasonable, and amicable solutions in domestic violences cases without compromising with the rights of a married woman,   and requiring brothers to share the legal share of sisters in ancestral property with their sisters without regard to the expenditure incurred during marriage.

Established on April 9, 2021, Amika has registered over 400 disputants in just four years, the majority of whom are involved in family disputes, matrimonial disputes, child custody disputes, and requests by women for a share of ancestral properties held by their brothers.

Amika has also seen an exponential increase in disputes among younger couples. This category accounts for around 60% of the disputes filed by Amika, with some people seeking a mediated settlement during the first week of their marriage. Some of the issues Amika has resolved when a young couple approached them for mediation include compatibility between the bride and groom, economic status of either party, income levels, health, education, willingness, or unwillingness to have children immediately or later, having separate bank accounts, and division of spending between the couple on family needs on specific items based on their own interests and capabilities.

The Amika employs a team of well-trained mediators and arbitrators. Mrs. G. Jyothi Rao, the founder of Amika, has more than 30 years of expertise. She has practiced in numerous Indian courts and, in addition to her legal degree and ADR training, she holds a psychology degree from the prestigious Yale University. Her approach to dispute settlement is unique and should be emulated by other ADR experts. 

The Amika assures non-adversarial ways to dispute resolution, informs clients that they save time, money, and, most importantly, the relationships, and ensures complete confidentiality of the material exchanged during mediation sessions. Amika does not save any hearing records, and it does not share them with anybody, including the opposite party, if one side requested confidentiality of the material shared during the discussions with the mediator.

ADR proceedings at Amika are faster than litigation, allowing parties to settle their disagreements more quickly. The mediators here do not engage in any arguments or conversations with the disputants. They encourage the disputant to express their difficulties. Either in a single private session or in a joint session with the other party. Mediators allow the parties to shout at each other or list their differences freely, and then they give them the opportunity to submit their own solution to the problem while delivering expert advice and problems encountered by the families if the conflict is not resolved.  Amika enables parties to customize the process to meet their individual requirements and preferences, encouraging a collaborative and innovative approach to conflict resolution.

Their method yielded positive results, and in a number of cases, disputants settled their differences on their own in one or two sessions, leaving Amika as friends who had entered the rooms as rival camps. Amika’s conflict resolution costs are significantly lower than those incurred during protracted court proceedings, and they are generally pro gratis. Proceedings are often kept confidential to preserve sensitive information and maintain privacy.

Amika has thus become a household name in Telugu states. Telugu families from the USA, the UK, Australia, and the Gulf countries also contact Amika for their amicable settlement of disputes, for whom Amika offers online dispute resolution.

Recognising Amika’s contribution in the field of alternative dispute resolution, the Rajya Sabha Committee led by the late Sh. Sushil Kumar Modi invited the president of Amika for consultations on the Mediation Bill 2021 in March of 2023. 

Amika looks forward to the establishment of the Arbitration Council of India and the Mediation Council of India by the Government of India to regulate institutional alternative dispute resolution in India.

G. Jyothi Rao,

President, Amika Arbitration & Mediation Councill

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