Dispute Resolution Law Firm

Dispute Resolution Law Firm

Dispute Resolution is a mechanism used to resolve disputes between parties. There are three commonly used methods of resolving disputes-

• Mediation
• Arbitration
• Litigation- Civil, Criminal and Commercial.
  
  

1. Mediation- Mediation is a voluntary process where parties in dispute decide to mutually find a solution to their legal problems by entering into a written contract and appointing a mediator. It is a form of Alternate Dispute Resolution. Decision-making powers remain with the parties involved and the mediator acts merely as a buffer between the parties involved. A mediator can be anyone, of any designation and can be appointed formally or casually – depending on the parties. Mediation in India may be court referred mediation or private mediation. In Private Mediation, qualified personnel work as mediators on a fixed-fee basis. Anyone from courts to the general public, to corporates as well as the government sector, can appoint mediators.

2. Arbitration- Arbitration is outside the court settlement of a dispute by one or more (odd number) persons who are appointed as arbitrators by both the parties. It is governed by the Arbitration & Conciliation Act 1996. Arbitration proceedings are simplified forms of trial, with simpler rules and no discovery of evidence. The out of the arbitration – or the arbitral award – is binding on both parties. The parties get to choose the arbitrator and the process can only happen with the consent of both parties involved. In addition to their selection of neutrals of appropriate nationality, parties are able to choose such important elements as the applicable law, language and venue of the arbitration to ensure that no party enjoys a home court advantage. It is a confidential proceeding. There are various of international arbitration institutions that are renowned worldwide. Some examples of these include: London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC), Singapore International Arbitration Center, Hong Kong International Arbitration Center etc.

3. Litigation- Civil, Criminal and Commercial- A civil litigation occurs between two or more parties who are embroiled in a legal disagreement that involves seeking money or any other action as a compensation or remedy but does not involve any criminal accusations. A commercial litigation arises when one or more parties in a dispute is a business entity. Commercial litigation often proceeds the same way as a civil litigation and may be governed by some special laws – such as a property law or aviation laws. Such litigation includes disputes such as: antitrust cases, aviation disputes, breach of contract, real estate disputes etc. Criminal litigation is the process of trying a criminal defendant in a court of law in what is termed as a ‘criminal trial’.

Our Dispute Resolution team at India Law Offices is dedicated in finding effective and quick solutions to your cases and disputes. Our team of experts is known to have dealt with complex mediation and arbitration matters that involve a study of multi-jurisdictional matters require creative solutions and approaches.