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| Telecommunication Dispute Resolution through Mediation- An Alternative Dispute Resolution Technique |
Telecommunication Dispute Resolution through Mediation- An Alternative Dispute Resolution Technique
AUTHOR: SILVY SHEETAL
Telecom Services Disputes- Telecommunication Dispute Resolution through Mediation- An Alternative Dispute Resolution Technique
The growing era of globalization, privatization, and liberalization has put telecommunication at the forefront. Media and communication strive to bring transparency, accountability, and sufficient checks on arbitrary practices.
Telecom services include fixed network services including a variety of systems ranging from mobile telecom services, integrated services digital networks, and fixed voice services data analysis, feeding, and promotion is the major task in telecom communications.
Various transmissions by the means of non-voice data, images, VFX, messages, voice, and other multimedia messages are taken within the purview of telecommunication. The world has witnessed a bloom in the range of service providers, and commercial arrangements in the telecom industry.
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Types of Disputes arising in Telecom services- Telecommunication Dispute Resolution through Mediation- An Alternative Dispute Resolution Technique
In the ever-growing competitive markets, rapid formation of bonds takes place between the new, the existing service providers, and the receivers whilst such deployment of relationships the number and type of disputes among the private players also increases.
Some disputes include differences among customers, service and infrastructure providers like cabling and high poles in public places, and issues with regulatory clauses. The issues are competition law, consumer law, and international relations.
Trade Disputes
Private sector interest network owners often get hampered by the recent regulatory reforms. The licensing of new service providers, the advanced rate setting bars, and renewal of license procedures.
Consumer Disputes
Telecom service includes a mandatory provider and a service receiver. Conflicts between the same are common. Such consumer disputes require informal mechanisms, such as ombudsmen schemes.
Inter Operator Disputes
Disputes between two or more operators can be amicably solved without using the court. In such companies there are regulators. When the regulators fall prey to the lack of information, understanding of the updated schemes, and lack of expertise the parties turn to experts outside their services for consultancies and assistance.
Between the Operator and Regulator
The disputes between a domestic, national, or inter-nation operator and regulator can be solved through ADR if the parties agree to the same because the market jurisdictions and the domestic dispute-solving domain is unreliable or not enough to take up such matters of importance.
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Dispute Redressal Mechanisms in Telecom Services- Telecommunication Dispute Resolution through Mediation- An Alternative Dispute Resolution Technique
The disputes are mostly resolved between the service providers and a group of consumers on matters about technical solutions to the interconnection between the service provider and a group of service receivers.
Here comes the play of informal means of regulatory adjudication known as "alternative dispute resolution" (ADR). The technique includes arbitration, mediation, and other less formal forms. Such disputes are disagreements that can be amicably solved through third-party intervention. The disputes are diverse and beyond the purview of public officials and private sector executives.
In India, the Acts actively promote the regulations relating to telecom are Information Technology Act of 2000, the Telecom Regulatory Authority of India Act of 1997; the Wireless Telegraphy Act of 1993, and the Indian Telegraph Act of 1885. The government body in India the Telecom Regulatory Authority of India Act (TRAI), this body from the time of its inception since the year 1997 has been empowered to adjudicate upon disputes relating to technical compatibility, and quality of telecommunication.
At the world level, commissioned firms with expertise in Telecom and Industry matters, affiliated with the International Telecommunication Union (ITU), the BDT- Telecommunication Development Bureau and the World Bank take up matters of importance for mediation.
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Mechanism of Mediation in Telecom Services- Telecommunication Dispute Resolution through Mediation- An Alternative Dispute Resolution Technique
In most Telecommunication issues the regulatory agencies, staff employees, or any other executive has delegated the work to make factual or legal determinations of the issue and the risk involved.
Mediation plays an important role to counter all the related issues. The mediator sees the facts of the case, draws the issues, and suggests potential and functional solutions for the underlying issues.
Here, Mediation allows parties to come together where a neutral third party facilitates their communication. Parties to the telecom dispute can put their personal concern in private sessions before the mediator. Telecom Service disputes can be lengthy but Mediation allows the parties to settle the matter quickly.
Mediation is highly opted by the regulators to conclude their matter to avoid further controversies due to its confidential nature.
Benefits of Mediation over Tribunal in Telecom Services- Telecommunication Dispute Resolution through Mediation- An Alternative Dispute Resolution Technique
Mediation enhances ruptured relationships with a continued business relationship. The parties pay here a minimum fee in resolving their billing issues. A substantial time, energy, and cost are saved when a person from the court goes to mediation centers.
This industry involved work based on shares and partnerships wherein they grow together such mediation process helps them on reframing fresh clauses that add to the longevity of tie-up and even help introduce newer and better means of business communication and service.
Owing to the complex process involved in narrowing down and simplifying the data it is not easy for the tribunals to argue on the same. These need specific interventions and discussions. In Mediation, parties get a chance to decide their future. They are the main judgment creator.
Both disputes parties decide things mutually which is absent in the tribunal. Mediation is cost and time effective. Cases are speedily discussed in the Mediation wherein Tribunal cases can be longer.
Conclusion- Telecommunication Dispute Resolution through Mediation- An Alternative Dispute Resolution Technique
As an appropriate dispute resolution method, mediation in telecom industries comes together in an agreement to put out their view and allows the parties to hear the opposite view in a non-confrontation environment.
The process of mediation in telecommunication disputes is in its very early stage. The development of telecommunication markets depends on the speed, efficiency, and effectiveness of the resolution of disputes. With years of examples, it is clear that time and again the slow working of the telecom mediation process has affected the parties at hand.
Providing an incentivized methodology where global players can focus on dispute resolution constructively to stabilize the economy for development it is blatantly important to adopt dispute resolution by mediation.
