Arbitration & Mediation
The Indian Arbitration and Conciliation Act, 1996 the governing arbitration statute in India. It is based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.
ADR provides a viable option for those who prefer to stay out of court and has many potential advantages for most litigants,
- Efficient resolution
- Less emotional stress
- Flexibility with rules and procedures.
Litigation is a suit which is still pending in the court process. Whereas, Pre-Litigation takes place before the court process begins. It is voluntarily taken up by both the parties. It is a prior attempt to resolve the dispute before the case goes through the court process. It follows an assisted negotiation process.
Benefits of Pre-Litigation mediation:
- saves time and money of the parties
- speedy process
- know about the temperament, deeds and demands of each of the parties.
Any dispute settlement made in Pre-Litigation Mediation is written, signed by both the parties and filled in the court in the form of a proper settlement agreement and such agreement is binding upon both the parties.
- Drafting and reviewing of arbitration clauses in contracts and arbitration agreements. Drafting of statement of claims, rejoinders, interim applications, replies, affidavits etc. and other legal documentation.
- Appearing before Arbitral Tribunals
- Assist in execution of arbitral awards
- Assist in challenging arbitral awards before higher authorities