Alternate Dispute Resolution (ADR)

Alternate Dispute Resolution (ADR)

Alternate Dispute Resolution (ADR) refers to methods used to resolve disputes through mediums other than litigation. It comprises of alternative avenues to settle their disputes, such as negotiation, mediation, arbitration, or conciliation.

Among others, the procedure of ADR is less time consuming, flexible and confidential. Arbitration is suitable and advisable for a wide range of disputes, such as commercial disputes, construction disputes, international disputes, and employment disputes.

The process of selecting an arbitrator may be envisaged under the arbitration agreement executed by the parties to the dispute or in accordance with the agreed arbitration rules. In some cases, if the parties are not mutually agreeable to proposed names of the arbitrator, the party invoking arbitration may approach an appropriate forum, usually the High Court, for appointment of arbitrator under section 11 of the Arbitration and Conciliation Act.

The Indian judiciary and legislative have time and again taken a pro arbitration stand which has significantly added to building a reliable and a robust arbitration ecosystem in India.

Alternate dispute resolution, as an area of practice, continues to grow in prominence as businesses and individuals seek less time consuming and confidential methods of resolving their disputes. Its advantage in terms of party autonomy makes it a popular method for resolution of disputes. The specific rules, procedures and legal framework governing arbitration may vary depending on the chosen arbitration institution, the governing law of the arbitration agreement and the jurisdiction where enforcement may be sought.

The stages of Arbitration would broadly include drafting of an agreement to arbitrate, nomination / appointment of an arbitrator, prepare and submit preliminary submissions, leading evidence, hearing of the matter before the arbitrator, passing of the award and its enforcement/challenge.

We comprehensively advice and represent our clients, especially the ones registered under Micro, Small and Medium Enterprises Development Act, 2006 at all stages in arbitration that involve various issues which arise at the point of origin of the dispute till the dispute is concluded or settled.

Mediation

Mediation is dispute resolution mechanism wherein parties voluntary submit the dispute to a neutral third party Mediator. Mediator acts a facilitator who communicates, helps identify issues, and guides the parties towards reaching a mutually acceptable solution. In conciliation, the neutral third party plays a similar role as that of a mediator. The outcome of mediation is not automatically legally binding. When the parties reach at a mutually agreeable outcome, they may formalize it by record it in a legally binding contract.