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Indian judiciary is one of the oldest judicial system, a world-renowned fact but nowadays it is also well-known fact that Indian judiciary is becoming inefficient to deal with pending cases, Indian courts are clogged with long unsettled cases that are far from being solved and are still piling up.
To deal with such a situation Alternative Dispute Resolution (ADR) has been introduced in India which is capable of providing a substitute to the conventional methods of resolving disputes. ADR offers to resolve all type of matters including civil, commercial, industrial and family etc., through various modes of settlement including, arbitration, conciliation, mediation, negotiation and Lok Adalat.
Arbitration proceedings may be initiated by invoking the arbitration clause in a particular contract and the decision of arbitral tribunal/arbitrator is bound on parties. The object of Arbitration is to obtain fair settlement of dispute outside of court which is legally binding on parties in a timebound manner.
Our firm has been part of complex commercial arbitrations wherein, we have been advising on developing dispute resolution strategies, assessing the merits, drafting pleadings, appearance before the arbitral tribunal/arbitrator and, wherever required, approaching the relevant courts for seeking interim relief, appointment of arbitrators, assail the orders or arbitration awards and enforcement of arbitration awards.
Conciliation is a form of arbitration but it is less formal in nature which is to facilitate an amicable resolution between the parties, whereby the parties to the dispute use conciliator who meets with the parties separately to settle their dispute.
Mediation is another ADR method where a third neutral party aims to assist two or more disputants in reaching an amicable agreement by using appropriate communication and negotiation techniques.
Our firm have initiated and conducted many mediation and conciliation proceedings for our clients wherein, we play a role of a counsel for the party or as a mediator/conciliator to resolve the dispute amicably between parties. We assist our clients in negotiating the terms of settlement and draft the settlement agreement and provide ancillary services to arrive at an amicable settlement.
Lok Adalat is way of ADR that is called the ‘People’s Court’ presided over by a sitting or retired judicial officer, social activists or members of Legal profession as the chairman which are conducted at regular intervals for cases that are pending in a regular court or any dispute which has not been brought before any court of law. Such matters are generally referred by a court of law in the endeavour to settle the matter and save court’s time and expense.
Our firm consists of members with extensive experience in various industries and expertise in handling all such modes and phases of ADR wherein we concentrate on dispute avoidance, strategic advice, pre-litigation/litigation service and enforcement. With our insights into the legal and regulatory system and business and personal transactions, we bring efficient and effective solutions that improve our clients’ businesses and personal lives.
