Alternative Dispute Resolution
One of the major factors which contribute to the inefficiency of the Indian Judiciary system, is the long list of pending cases and for many - justice delayed is justice denied. However, fortunately, the Indian Judicial system also provides us with Alternative Dispute Resolution (ADR) for resolution, conciliation, and adjudication of the disputes, as the case may be.
We ensure that our client’s disputes are resolved/ adjudicated by opting accessible, simplified and inexpensive mechanisms. We always encourage a collaborative approach and try to settle disputes without litigation by finding the perfect recourse, wherever possible, by opting for mechanisms such as:
Arbitration: In Arbitration, the disputes are adjudicated upon by a third impartial party, after considering contentions of both the sides. The decision/award is binding and a court interference is a minimum. In fact, after the 2015 amendment, arbitration has become time-bound and even prescribes for the fees schedule of an arbitrator based on the quantum of claims raised by the parties. Most of the commercial contracts contain an arbitration clause and presently, it has become the order of the day.
Mediation: A collaborative process where a mediator works with the parties to come to a mutually agreeable solution. Parties can resort to pre-litigation mediation before initiation of litigation. Parties can also opt for mediation during the course of Litigation. Mediation proceedings are usually confidential, private, non-binding and cannot be referred to, before the court of law. This allows the parties to be more transparent and agree upon creative solutions, that a court may not be legally allowed to impose. What more, many State Governments, and districts, state courts provide for a mediation facility, which is either absolutely free or at a nominal cost.
Conciliation: Conciliation is a less-formal form of arbitration. It is a procedure to facilitate and encourages an amicable resolution between the parties. However, unlike arbitration, there is no need for prior agreement and is possible once both the parties are willing to resolve their disputes by way of the conciliation.
Lok Adalat: As the name suggests, Lok Adalat is a ‘People’s Court’. Any case pending in regular court or any dispute which has not been brought before any court of law can be referred to Lok Adalat. There are no court fees and rigid procedure followed, which makes the process fast. The person deciding the cases have the role of statutory conciliators only, they can only persuade the parties to come to a conclusion for settling the dispute outside the regular court in the Lok Adalat.
How can we help?
“I realized that the true fiction of a lawyer was to unite parties… A large part of my time during the 20 years of my practice as a lawyer was occupied in bringing out a private compromise of hundreds of cases. I lost nothing thereby- not even money, certainly not my soul.”
– Mahatma Gandhi
Our endeavor will be to provide you with the quick and the inexpensive relief and by all means, discourage and if possible, avoid litigation. For that, we will provide you with comprehensive guidance - helping you to identify the merit, outcome and success rate of your claims/disputes.
It will help you to gain a better understanding of the standing of your claims/ disputes and enable you to make an informed decision regarding the scope of negotiation and the mechanism to be opted for the resolution/adjudication of disputes.
We will facilitate the ADR mechanism for you and be there right from the preparation to the presentation of your case. We will also negotiate on your behalf and ensure that you get a desirable relief.