Invitation for

Dispute Resolution Lawyers

to join the
India Council of ‘FICM-MCN ADR Lawyers’

The Indian Council will consist of 120 members from 20 key cities of India.

The Federation of Integrated Conflict Management (FICM) invites practicing lawyers in India
(Advocates) to join the Indian Council of “FICM-MCN ADR Lawyers”, representing their
territories.

The membership entails to act as regional partners of MCN and expand their legal practice
of dispute resolution.

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MEMBERSHIP – FOR THE INDIA COUNCIL OF FICM-MCN ADR LAWYERS

DOCUMENT FOR
PREQUALIFICATION
1 Introduction

1.1 Brief Description of Requirements

The India Council of ‘FICM-MCN ADR Lawyer’ is the collective of 120 forward thinking next
generation dispute resolution specialists having strong result oriented approach to an early and
effective resolution of complex disputes. The India Council member lawyers follow the code of
ADR Practice and are adept at finding creative solutions by way of analyzing each case minutely
so that they can assign the appropriate measures of hybrid dispute resolution mechanisms. These
lawyers normally do not use court litigation as a default method of dispute resolution.

Most of the Civil and Commercial disputes mainly require the use of these ADR mechanisms,
including but not limited to: Family Law Disputes: Property Issues; Business disputes; Real
Estate; Building and Construction; Employment and Workplace; Insurance; Wills and Estates;
Franchising; Debt Recovery; Partnership disputes; Joint Ventures; Copyright, Entertainment;
Intellectual Property; Multi-party disputes; Community Interventions; Neighborhood disputes;
Corporate; and any other field that may require alternative dispute resolution interventions.

The council represents the highly resourced and skilled lawyers who are result oriented and are
fully resourced with new world systems, processes and ADR intellect - developed, maintained
and constantly upgraded while being a FICM-MCN council member.

The council consists of diverse members having specialization in different industry segments,
practices and jurisdictions; the user is provided with a clear and informative recommendation in
each jurisdiction and sector. This structure ensures each member builds stronger and ultimately
more rewarding relationships, as membership is based around their core area of interest and
expertise.

The interest and expertise may include advising, facilitating and representing their clients on:

• Preventive, Therapeutic and Restorative Law Practices

• Family and commercial Dispute Resolution Practice
• Representing clients as lawyers / legal advisers in Mediation, Conciliation, Negotiation,
Arbitration and other ADR processes

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• Other specialized knowledge relevant to conflict management or creative dispute resolution
Processes

2 Background

FICM-MCN Council of Lawyers will be focused on facilitating highly professional, diplomatic

and responsive interventions that achieve successful outcomes for clients. Services are provided
to assist governments, businesses, organizations and individuals avoid disputes through planning
and to resolve disputes through mediation and other forms of ADR.

The goal is to serve as an accessible dispute resolution platform / institution that administer
effective ADR as opposed to potentially expensive and uncertain litigation, where ultimately
each party loses “control of the process and related costs”. Our goal is to advance the preventive
law practice with a primary focus on mediation and creative dispute resolution processes.

“FICM-MCN ADR Lawyer” means becoming part of a leading organization invested in the
work of creating a social fabric dedicated to advancing “appropriate and alternative dispute
resolution”.

FICM-MCN seeks to serve through its highly skilled membership. We have options that span the
spectrum of interest and accreditation of dispute resolution professionals.

2.1 The Traditional Lawyer / Lawyering vs. ADR Lawyer

One of the most often heard complaints about lawyers is that they exacerbate conflict between
people – primarily due to their main focus on adversarial practice of law.

Clients are more and more seeing lawyers who are skilled and also open to use other diverse
mechanisms of dispute resolution. Lawyers who are open to hear and analyse and use every
means to RESOLVE – EARLY AND EFFECTIVELY.

Academia too has begun to recognize the weakness in law school curricula in developing
problem-solving skills. As former Stanford Law School Dean Paul Brest has penned:

“Although lawyers add great value to society, the esteem in which our profession is held - not
only by the public, but by practitioners themselves - has declined greatly in recent years. There is
a widespread sense that the practice of law is devolving from a profession with a public calling
into a business - and a business with sharp practices at that. Some lawyers, judges, and law
professors have criticized law schools for failing to improve the situation or even for making it
worse . . . .”

Globally, big reforms have been introduced to encourage the use of mediation, conciliation and
other consensual hybrid modes of dispute resolution and discourage the use of adversarial
approach of litigation, which has been a favorite and default mechanism of traditional lawyers

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over time.

Traditional lawyers have more often ignored the theories of “therapeutic jurisprudence” and
“preventive law” that guides the use of ADR in dispute prevention and management and help
both lawyers and clients make better procedural choices,

2.2 The ADR Advocacy and ADR Lawyering need of new world

Alternatives to the court adjudication of civil and commercial disputes are a welcome corrective
to the Indian justice system. ‘Appropriate’ Alternative Dispute Resolution (ADR) has been a
widely used set of processes around the world that continues to grow as a means of resolving
even the most complex, high stakes cases.

Alternative dispute resolution ("ADR") is a term that includes a wide variety of processes for
managing or resolving disputes that differ in kind and scope from judicial adjudication. But
ADR is more than simply an alternative or corrective to the existing court structure. In many
situations, ADR offers lawyers a better way to practice law, presenting opportunities for problem
solving, peacemaking, and responsiveness to clients' needs and interests that do not exist in
traditional legal practice.

3 Purpose of Prequalification

The purpose of this request for Prequalification is to allow FICM-MCN to build a council of
suitably experienced and qualified lawyers. The prequalification is for practicing Lawyers and
Firms having sufficient focus, qualifications and expertise in the Alternative and Appropriate
Dispute Resolution mechanisms and a keen interest in Therapeutic Jurisprudence and Preventive
Law practices - to allow FICM-MCN to determine the suitability of practitioners for joining the
Council of ‘FICM-MCN ADR Lawyers’.

4 Selection

Selection is based on the prequalification information submitted by the lawyer.

Selection of FICM-MCN ADR Lawyers for the council does not create a contract between the
lawyer and the FICM-MCN. No contract will exist until a formal written contract has been
executed by the parties in relation to a specific project.

Inclusion of a selected practitioner does not mean that work will necessarily flow to the member.
We reserve the right to engage any suitable council member who is in the list from that
jurisdiction and specialization at our discretion, and are not bound to engage any particular
member in the roster.

4.1 Selection Process - General Conditions

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• All responses will be acknowledged.
• No response will necessarily be accepted.
• No contract will necessarily be entered into as a result of the issue of this request for
Prequalification.
• The issue of this request for Prequalification does not give rise to or amount to a process
contract whether or not an application is submitted in response to this request. (A process
contract means a contract about the process.)
• The FICM-MCN reserves the right not to proceed with this process at any time or to pursue
an alternative strategy.
• All information provided by you as a result of responding to this document will be treated as
commercial-in-confidence.

4.2 Costs of Joining

You are responsible for the cost of preparing and submitting your Prequalification. There is
special introductory joining fee of INR 25K (exclusive of 18% GST). Thereafter INR 10k is the
annual membership fee for two subsequent years, Fourth year onwaeds, the membership fee is
waived for lifetime.

4.3 Term of Council Membership

The council membership term is for lifetime, based on the members continued acceptance og the
code of practice and other membership conditions as amended from time to time. The
membership qualification and requirements will be reviewed annually to keep abrest with the
developments and needs of the dynamic practice.

Please note that the membership can be terminated anytime by any party, if the terms of
membership or code of practice are violated.

5 General Conditions - Referral assignments, timing and fees

The requirements of the FICM-MCN ADR Lawyers and the work to be undertaken will depend
on factors beyond its control, including the party’s willingness to engage in alternative dispute
resolution and the activities of private organizations as well as individuals. It is not possible to
specify when any particular job requiring expert assistance will arise.

It is envisaged that the council membership will be considered valid for twelve months after
which time the FICM-MCN will re-issue a request for prequalification (for professionals not
already in the council) and request those on the council to update their details.

5.1 Assignment Fees

Standard fee rates will be contained in the written contract entered into between the FICM-MCN
and the successful FICM-MCN ADR Lawyers. Alternative fee structures are to be negotiated for

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each case/assignment. All assignment fees charged to clients will include the FICM-MCN
administration fee (normally fixed between 20% to 30% of the fee charged)

6 Format of Submission

The submission is to be set out in separate sections, in a word document, in accordance with the
information requested in this document below.

6.1 Specialism - Sectors, Practices and Services

Specify which of the services, industry sectors or practices you are specialized in.

6.2 Capabilities and Experience

Provide detailed curriculum vitae. The curriculum vitae should detail:

• relevant experience;
• relevant specialized training, if any;
• any work to a similar scope of the Requirements fulfilled in the past;
• any work to a similar scope of the Requirements currently being undertaken;
• any other academic and professional experiences that may be relevant to the Requirements;
• any limitations on your availability (e.g. potential conflicts of interest in certain areas of the
State);
• The organizational profile (if applicable) should describe:
• the nature of the organization;
• the history of the organization; and
• its most significant involvement in jobs related to the Requirements.

(NOTE: The organizational profile is optional and no substitute for a detailed CV of the
nominated expert(s))

6.3 Contact Details

• Personal or Business Name

• Postal Address
• Email address
• Details of your nominated contact person, including
name, title, telephone numbers – office & mobile, e-mail address, Website address (if
applicable)

6.4 Other Information / Credentials

Please provide any other information you wish to make available in support of your submission.

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7 Evaluation Criteria

The criteria used to evaluate the Prequalification and determine whether or not you may be
invited to join will include, but not necessarily limited to, the following factors:

• provision of sufficient information in the Prequalification to make an evaluation;

• nomination for at least one service within the scope of the Requirements;
• experience in working in legal/HR/Social Sciences and Community settings;
• relevant technical knowledge;
• compliance with terms and conditions of this document

8 Membership Benefits

Members receive unrivalled value and exposure by being able to provide an up-to-date profile on
their services, current news and possible requirements. The member has the opportunity to
update their profile as required, and can submit relevant articles, opportunities / requests and
news about their firm to our national and international audience.

Each member has the ability to network, refer and work with one other. Therefore, a member in a
chosen may have a client that seeks advice and guidance in another location, in India or
internationally. This enables our members to gain referral work / opportunities from advisers and
professionals outside of their own immediate field of expertise or location. By being able to link
a variety of advisers who operate in the same professional community, we create a network that
offers referral work across many sectors, industries, geographical locations and service areas.

8.1 Benefits:

• Focus on practice area expertise and jurisdiction. Each member is featured on the FICM-
MCN website in the section of FICM-MCN ADR Lawyers and displayed in front of all our
users and members worldwide as the leading FICM-MCN ADR Practitioners. Any requests /
referrals that are under their criteria will be passed directly to that network member.
• Their own profile page, highlighting skills of the individual and of the firm. This is
personalized to each client's request.
• Upon approval of the new member, an introduction will be made to all stakeholders through
emails, news articles, monthly newsletter and other communication channels if any.
• Our monthly members’ newsletter is sent not only to members but also to a database of over
20,000 contacts in the business sector, ranging from CEOs, finance directors, owner-
managed businesses, private equity investors, venture capitalists and professional advisers
from all over the globe.
• Council members are assisted by FICM-MCN manager, who works with the member to
assist its development and marketing needs.
• Newsfeed on their profile, so they can upload and publish articles, stories, awards and other
information they wish to share. This is a very effective way to market firm news and updates

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 via their profile, which is searchable through websites such as Google and can be linked
through your own social networking platforms.
• White paper platform, which allows members to produce a detailed document on their chosen
practice area specialism and showcase their expertise to users and potential clients. This will
allow members to detail changes in legislation within their chosen specialism and showcase
their market knowledge.
• Access to the FICM-MCN logo, which means all members can utilize the logo on their
website, social media and email signatures, showcasing this prestigious membership and
signifying the access each member has to leading experts all over the world.
• Search Engine Optimization strategy. We invest heavily in our SEO strategy, meaning our
network can be found when potential clients are seeking the guidance of ADR dispute
resolution lawyers through key word searching on Google and other search engine platforms.
• for FICM's Select-and-Appoint referral process
• Expected opportunities for rosters and panels FICM will start managing for other
organizations
• enhance your profile as a creative dispute resolution professional

9 How to Apply:

Step 1: Submit detailed profile as specified in prequalification requirements

Step 2: The submission will be reviewed and concerned person will be informed of membership
status as soon as possible.

Please Note: The information in the application will be used to assess qualifications for
membership, and if accepted, the contact information will become part of the FICM-MCN
membership database. The profile particulars will be included in "FICM-MCN ADR Lawyer
CONNECT", a database located on website which allows the public and users to easily find
FICM-MCN ADR Lawyers profiles.

W-122, Second Floor, Greater Kailash-II, New Delhi 110048 | Phones: +91 11 29223017-19 | jusice@houseofjustice.org