Alternative Dispute Resolution
Alternative Dispute Resolution are a series of dispute resolution methods that are considered “alternative” to conventional litigation. These alternative techniques can be adjudicatory like arbitration or non-adjudicatory like meditation, negotiation or conciliation. These non-litigation methods have the advantage of totally avoiding the prolixity delay of the court system. It is generally accepted that these alternative methods have many added benefits like the preservation of relationships, confidentiality, party autonomy and an expert determination of the dispute and as such they have gained wide popularity in the commercial world.
Arbitration
As an expeditious mode of dispute resolution, arbitration has emerged as the most effective process to avoid lengthy court proceedings. Further, with the latest amendment of 2019 introduced in the Arbitration and Conciliation Act, 1996 makes it mandatory to conclude the arbitration proceedings within fixed timelines which make it the best forum for adjudication of disputes. With increasing recognition of the efficacy of arbitration, an increasing number of businesses now favor the inclusion of arbitration clauses within their agreements, ready to be invoked as a recourse in the event of any disputes.
Mediation
There are a number of ways to approach conflict management and resolution, which range from least to most coercive. Conflicts may be avoided, talked out, negotiated, arbitrated, adjudicated, resolved by legislation, by political action, or by violent force. Parties who cannot negotiate together effectively may bring a mediator to facilitate the negotiation process. Within this procedural framework, lawyers holds a pivotal role by functioning as sagacious advisors to their respective clients. Our team, equipped with a nuanced comprehension of legal intricacies, apprises the clients of their rights and responsibilities, thereby empowering their clientele to make judicious decisions.
