Bylaws of MCN

Bylaws of Mediation and Conciliation Network

 

Article 1

 

Name of the Organization

The Organization shall be named the Mediation and Conciliation Network (herein referred to as MCN or the Organization) and is founded as a part of Federation of Integrated Conflict Management (FICM), a non-profit making Organization, incorporated as a not-for-profit company as per companies act 1956 in India.

 

Article 2

 

Location of the Organization

The head office of the MCN is registered at W-122, 2nd Floor, Greater Kailash -II, New Delhi – 110048,  India.

 

Article 3

 

Aims and Objectives of the Organization

To establish one global institutionalized mechanism of Dispute Resolution through innovation. To build the world’s largest cooperative – An ecosystem of dispute management that strengthens and supports ‘The Rule of Law’ through integrated inclusive innovation. We call it the World’s Forum of Mediative Justice.

 

Article 4

 

Not-For-Profit

The Organization shall not engage in business of any kind which is ordinarily carried out for profit, and nothing in the Bylaws of the Organization (herein referred to as the Bylaws) shall authorize the Organization to do so. The Organization shall not enter into any transaction, carry on any activity or engage in any business solely for pecuniary purposes; and income received by the Organization shall be applied exclusively for the not-for-profit purposes of the Organization as set forth herein. No part of any income shall inure to the benefit of any private member or individual.

 

Article 5

 

Membership

 

Section 1: Overview membership categories

The MCN has the following membership categories:

+Experts/Neutrals membership

+Individual Membership

+Law Firm membership

+ Corporate/Institutional Membership

+ Student Membership

+ Honorary Membership

 

Section 2: Membership categories

Section 2.1: Experts/Neutrals Membership

Membership is open to all distinguished experts coming from all walks of life, equipped and ready to provide expert opinions and/or providing services as negotiators, mediators, conciliators, ombudsmen, arbitrators et al to parties in dispute

Each such member has a right to vote at the General Assembly. Application is made directly to the MCN Executive Committee, accompanied by a short CV and passport sized photograph at the Corporate address of the Organization.

 

Section 2.2: Individual Membership

  • Individual membership is open to all who wish to demonstrate their expertise and commitment to excel in the field of ADR;
  • Seek to expand their knowledge and engage in ongoing professional development;
  • Want opportunities to network with other ADR professionals; and
  • Want to be involved in India based international ADR Organization

Each individual member has a right to vote at the General Assembly. Application is made directly to the MCN Executive Committee, accompanied by a short CV and passport sized photograph at the Corporate address of the Organization.

 

Section 2.3 : Law Firm membership

Law Firm membership is open to all law firms who need combination of ADR and innovative dispute resolution tools and are seeking to provide an integrated approach of dispute resolution to their clients.  Member Law Firms can nominate some of their senior partners for joining MCN Panel of Neutrals based on their practice area.

Each Law Firm has a right to vote at the General Assembly. Application is made directly to the MCN Executive Committee, accompanied by a short profile of the Law Firm at the Corporate address of the Organization.   The members nominated to the panel of Neutrals shall be qualified as individual members as above.

 

Section 2.4 : Organizational/Institutional membership

Organizational/Institutional membership isopen to corporations, educational institutions, businesses, government departments, and Not-for Profit Organizations aspiring to build a strong and healthy work environment through effective communication and dispute resolution.

Each Organization/Institution has a right to vote at the General Assembly. Application is made directly to the MCN Executive Committee, accompanied by a short profile of the Organization/Institution at the Corporate address of the Organization.   The members nominated to the panel of Neutrals shall be qualified as individual members as above.

 

Section 2.5 : Student membership

Student membership is open to all current students of law. Student members have no right to vote at the General Assembly. Application is made directly to the WLA Executive Committee accompanied by a letter from the applicant’s Head of Department indicating that the applicant is a current student. They will become active members following receipt of appropriate documentation.

 

Section 2.6: Honorary Membership

Honorary membership may be awarded to Lawyers and others who have had an important influence on Law and peace making processes in the society by ADR methods.  Their election will be recommended by the Executive Committee and must be approved by the MCNManagement Committee. Members who are elected to honorary membership shall retain their voting status for life. Honorary members are exempted from any fees payable to the Organization.

 

Section 3: Membership fees

All members except honorary members will once a year have to pay membership fees in an amount proposed by the Executive Committee and approved by the General Assembly. Any member who after having received the invoice and one (1) written reminder still does not pay membership fees ceases automatically to be a member of the Organization six months after the date of the invoice for the membership fees. A member, whose membership has been deleted for non-payment of fees, may, after payment of any back fees owed, request reinstatement, subject to the approval of the Executive Committee.

 

Section 4: Voting status and rights

All members except student members shall be eligible to vote. Members who are elected to honorary membership shall retain their voting status for life. All members shall be entitled to receive the latest available copy of the Bylaws.

 

Section 5: Membership privileges

+Listing on our database is free with the cost of Full membership putting the names of members in front of thousands of potential users – nationally and internationally. Members can list their areas of expertise, their designations, biographical details and resume, and calendar to their listing. Users can search by name, geographic area, practice area and language.

+MCN also circulates notices of jobs and unique work opportunities to its members.

+ Members have the opportunity to get their work published on the website of MCN.

+ Access to the MCN logo for use on the business cards, letterhead, website and other collateral to boost the credibility of the members.

+ Opportunities for speaking engagements and hosting events.

+ Discounts on select training courses for members.

+ Networking opportunities with peers and stakeholders through participation in working groups of various industry segments

 

Section 6: Approval of membership

All members shall be approved by the Executive Committee periodically throughout the year. New members shall receive a certificate of membership from the President.

 

Section 7: Publication of names

The names of the new applicants for each membership category which have been approved by the Executive Committee shall be uploaded on the website of the Organization from time to time.

 

Section 8: Termination of membership

Membership terminates:

  1. on death of the member;
  2. on receipt of a written resignation of the member;
  3. when the member acts against the Bylaws or prejudices the Organization in any way;
  4. on failure to renew the membership as per rules. However there is no entitlement to refund of the membership fee.

 

Article 6

 

General Assembly

 

Section 1: Terms of reference of the General Assembly

The General Assembly is the supreme body of the Organization. It has the inalienable right to:

+ amend the Bylaws of the Organization,

+ elect the members of the Executive Committee

+ dismiss the members of the Executive Committee if justified by valid reasons

+ approve the annual accounts,

+ grant a discharge to the members of the Executive Committee,

+ determine the annual contribution of the members

+ dissolve the Organization,

+ take all other necessary decisions which are reserved for it by the Bylaws or which are submitted for approval by the Executive Committee.

 

Section 2: Meeting

The General Assembly meeting (Face-to-face or via video conference) shall be held once a year and all members shall be entitled to attend. The office shall not less than ninety (90) days prior to the date of such General Assembly notify all members of the Organization of the venue and date of the General Assembly and invite all members to submit comments, suggestions and/or recommendations. All comments received by the Secretary General not less than forty (40) days prior to the General Assembly shall be included in the agenda unless the Executive Committee directs otherwise. Not less than thirty (30) days prior to the General Assembly the Secretary General shall send formal invitations to all members of the Organization to attend the General Assembly and shall enclose with such invitations a copy of the agenda for the General Assembly. Members may at a General Assembly raise for the purpose of discussion a matter or matters not referred to on the agenda. These will be discussed under the item “Other business”. All items discussed under “Other business” cannot be voted on. The General Assembly can defer these items to the following meeting.

 

Section 3: Presidency

The General Assembly will be convened and presided over by the President and, in his absence, by either the Secretary General Elect or one of the other Executive Committee members.

 

Section 4: The agenda

The agenda contains the following obligatory items:

+ The minutes of the previous General Assembly;

+ The report of the Secretary General;

+ The report of the external auditors;

+ Other business

 

Section 5: Voting and Elections

All members except student members shall be entitled to vote at the General Assembly on any matters arising out from the agenda. Subject to any contrary provisions of the Bylaws the General Assembly takes its decisions and holds its elections by a majority of votes of the eligible members present and voting.

 

Section 6: Extraordinary General Assembly

An extraordinary General Assembly may be called at the request of the Executive Committee or at the request of not less than ten (10) percent of the eligible members indicating the reasons therefore.

 

Article 7

 

Approval of annual accounts and discharge

Each year, at the General Assembly, the annual accounts are presented subject to approval by the majority of votes of the eligible members present and voting at the General Assembly. Thereafter, discharge of the Executive Committee will be requested, to be granted by the eligible members present and voting at the General Assembly.

 

Article 8

 

Administration of the Organization: Executive Committee

Section 1: Constitution

The administration of the MCN shall at all times be vested in its Executive Committee which shall comprise the following members:

+ President

+ Board of Directors

+ Global and Regional Council

 

Section 2: Election

The members of the Executive Committee are to be elected in a secret ballot by a majority of votes of the eligible members present and voting at the General Assembly. No Executive Committee member should hold any position (board or administration) in another international Law or commercial organisation which may lead to a conflict of interest with his position in the MCN. Only active members can apply for a position in the Executive Committee.

 

Section 3: Terms

 

Section 3.1

President and Secretary General shall be elected for four (4) years and may be re-elected in this position only once for another term of four (4) years

 

Section 3.2

Restriction on term

A person may hold different positions within the Executive Committee one after another, but each position within the Executive Committee may in total not be held longer than the maximum terms stipulated in Article 8, Section 3.1.

 

Section 4: Tasks and Responsibilities

Section 4.1: Principle

The Executive Committee is the decision-making organ of the MCN. Its decisions will be carried out by the different Offices. The Executive Committee and Offices will be assisted by the MCN Central Office that is run by the Executive Management. The activities of the various Offices are overseen by the members of the Executive Committee. The roles of the members of the Executive Committee are allocated following discussion and agreement by the Executive Committee. The Executive Committee will act freely according to the Bylaws.

 

Section 4.2: Secretary General / President

The Secretary General / President shall have the following duties:

+ shall serve as chair of the Executive Committee and shall serve on the Offices as stipulated in the Bylaws.

+ convenes and presides over the meeting of the General Assembly and is responsible for the minutes of the meeting.

+ convenes and presides over meetings of the Executive Committee and MCN  Board and is responsible for the minutes of the meetings.

+ Represents at its own or together with all or some of the members of the Executive Committee the MCN on all occasions in national, international and intercontinental organisations.

+ supervises the MCN Chairmen.

In his absence the Secretary General is replaced by the Secretary General Elect if there is one. If there is no Secretary General Elect one of the other Executive Committee members shall replace him.

 

Section 5: Voting

Subject to any contrary provisions in the Bylaws the Executive Committee takes its decisions and holds its elections by a majority of votes of the eligible members of the Executive Committee.

 

Section 6: Authority to sign

Any two of the Secretary General, President, the Treasurer and the Secretary General Elect may represent the MCN in a legally valid manner. Further details with respect to the authority to sign may be determined by the Executive Committee in a regulation.

 

Section 7: Vacancies

Vacancies that occur in the Executive Committee may be filled for the time being until the next General Assembly takes place by a majority vote of the eligible members of the Executive Committee present and voting.

 

Article 9

 

Executive management

The Executive Management shall be the management of the MCN Central Office and shall assist the Executive Committee and Offices.

 

Article 10

 

Disclosure statement – conflict of interest (COI)

The Organization wishes to promote independence, objectivity, Law rigor and a fair balance of representation, in all its activities. In order to ensure this, individuals participating in these activities are expected to disclose their financial or in-kind relationships with other organisations/individuals that could represent a potential conflict of interest.

 

Article 11

 

Regulations

In order to implement the stipulations in the Bylaws and in order to properly achieve the aims and the objectives of the Organization the Executive Committee may establish regulations which need to be congruent with the stipulations in the Bylaws. Such regulations may at any time be changed by the Executive Committee.

 

Article 12

 

Amendments

These Bylaws may be amended by a two-thirds vote of the eligible members present and voting at the General Assembly. The proposed amendment(s) shall be printed on the notice of the General Assembly and shall be submitted to the eligible members at least thirty (30) days in advance of the General Assembly.

 

Article 13

 

Language

The official language of the Organization is English.

 

Article 14

 

Coming into force

The Bylaws shall enter into force as of adoption by the General Assembly.