Alternative Dispute Resolution Lawyer in Indore
Arbitration is one of the most popular methods of ADR. It could be understood as a method of dispute resolution, involving one or more neutral third person selected by disputing parties. Any decision by the Arbitral Tribunal shall
be binding (termed as ‘Arbitral Award’).
Features:
The parties of arbitration have the benefit of choosing the place of arbitration, and the arbitrator(s) Parties can also challenge the arbitral awards.
Arbitral awards can be enforced easily in Foreign Nations and are also governed by international treaties.
Basic Features: Arbitration Agreement: In order to facilitate the agreement of arbitration between the parties, the agreement must be written either within a contract (referred to as an ‘Arbitration Clause’) or as a separate agreement.
Arbitrator:
Arbitral tribunal is similar to the Judge of the Court.
The seat of arbitration:
The seat of arbitration determines the courts which would exercise jurisdiction over the arbitration proceeding. In absence of such an agreement, the 1996 Act solely operates within the territory of India.
Party autonomy and procedure: Arbitration gives the parties the choice to select applicable laws, especially if the arbitration is international commercial arbitration.
Additionally, there is an enormous flexibility to choose the procedure that shall be applicable. The Rules of the arbitration can be self-governed, however, the said rules have to be in the spirit of the Public Interest of India.
The finality of outcome: No appeal lies against an arbitral award, however, an arbitral award can only be set aside if the said award suffers from an invalid arbitration agreement, party’s incapacity to enter into an agreement, independence, and impartiality
of an arbitrator, unfair procedure, etc.
Conciliation
A Conciliation process of getting parties to come to an agreement about a common dispute through confidential discussions and dialogues.
In India, Conciliation is governed by Arbitration & conciliation Act 1996 and by Section 89 of Code of Civil Procedure, 1908. Any dispute arising out of a legal relationship, whether contractual or not, can be conciliated.
Features:
Voluntary: It implies that all the parties have to agree in order to conciliate the dispute.
Non-Adversarial: The resolution of the conciliation is a Win-Win situation for all the parties.
Assisted Procedure: The procedure is crafted in such a way that it is most suited as per parties’
convenience.
Finality of Settlement: The resolution of conciliation is final and binding and can be further adjudicated in court at per discretion of the parties involved.
Confidentiality
Litigation
Litigation is a wide term that holds Criminal Prosecutions, Civil Procedures, corporate tribunals, commissioner appellate and various others.
The Judge is assigned as per the jurisdiction and court itself.
Every procedure followed by the court is fixed depending upon the authorities before whom the matter is filed, which is determined by the rules of the court. In India, it would be governed by a code of civil procedure and rules applicable to the particular
court.
The proceedings are generally open to the public, which usually lacks confidentiality in the matters and lesser scope of privacy is expected.A person aggrieved by the decisions of the court has all the rights to appeal against the order passed.
Negotiation
Negotiation is a strategic discussion that resolves an issue in a way that both parties find acceptable. In a negotiation, each party tries to persuade the other to agree with his or her point of view. By negotiating, all involved
parties try to avoid arguing but agree to reach some form of compromise.
What is Negotiation?
Negotiation is a way of settling disputes without any arguments or legal proceedings. Each party to the Negotiation contract appoints their own Advocate and communicates all the discrepancies as per the law and as a final outcome for settlement, an agreement
(or Memorandum of Understanding) is formed comprising of terms as decided by the parties.
A famous legal maxim ‘Consilia Omnia verbispriusexperiri, quamarmissapientemdecet’ rightfully suggests that an intelligent man would prefer negotiation before using arms. Is there any process for negotiation?
In order to achieve a desirable outcome, it may be useful to follow a structured approach to negotiation. The process of Seven Steps To Negotiating Successfully!
Preparation
Discussion
Clarification of goals
Negotiate towards a Win-Win outcome
Agreement
Implementation of a course of action
Advantages of Negotiation
The private affair of Parties: Negotiation is a party-based dispute resolution, i.e. only the parties concerned enter into an agreement, it is not a public conflict. Thus, the information shared is Confidential.
Freedom of the Parties: The parties involved in the agreement have the freedom to set agenda of their choice and ensure that the objective of negotiation is achieved. Successful Dispute Resolution: The possibility of dispute resolution
is maximum in this form of the resolution process.
Cost-Effective and Time-saving: Negotiation is usually less time-consuming and cost-effective as it doesn’t involve legal proceedings and litigation processes.
1. Voluntary Process
2. No Third-party intervention
3. Accept only creative outcomes.
4. Understand cultures, especially your own.
5. Don’t just adjust to cultural differences, exploit them.
6. Gather intelligence and reconnoiter the terrain.
7. Design the information flow and process of meetings.
8. Invest in personal relationships.
9. Persuade with questions. Seek information and understanding.
10. Make no concessions until the end.
11. Use techniques of creativity.
12. Continue creativity after negotiations.
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