Frequently Asked Questions

Jupitice has created and harnessed a Global Panel of Arbitrators, Conciliators, Mediators, Attorneys, Law Firms, ADR Centre, etc. with diverse expertise and multilingual capabilities. Disputants can use AI-powered Search Engines to find the right match by using various filters. Alternatively, disputants can post their requirements and the same will flash out to those who match the requirements.

We do not charge any fee from the disputants if they find and appoint neutral services on their own.

Jupitice does profiling, identification, evaluation, ranking, and selection of the Arbitrator by following a robust selection process. Thereafter, Jupitice charges a lump sum fixed fee per Neutral.

Jupitice does profiling, identification, evaluation, ranking, and selection of the Arbitrator by following a robust selection process. Jupitice charges a lump sum fixed fee per Neutral.

Jupitice ADR finding and appointing services help the disputants to skip the hassle of finding ADR practitioners out in the real world and get the same done on our platform in one click.

A fixed fee is charged on the basis of claim value for the entire duration of the method of dispute resolution you have chosen. You can estimate your fee by using the fee calculator, available on the platform.

Jupitice shall refund the subscription fee in such a case.

Yes, the fee for subscribing to a Digital Bench is higher. The reason is that the Dispute Resolution Room is one of the many services that is included in Digital Bench Services. Additionally, it provides an array of other services at ease.

Yes, Jupitice Professional Moderator will remain present during the proceedings and will also provide technical support and act as a point of contact/ communication channel for receiving and sharing information and documents.

Digital Bench is a platform, a digital mirror of traditional court transformed digitally with ultra-advanced digital infrastructure and first-class services and powered by a complete digital justice ecosystem that will enable the users to resolve disputes from the comforts of their home or place anytime and from anywhere.

On the Digital Bench, you can file your case, pay filing and professional fees, submit documents and tender evidence, examine and cross-examine witnesses and experts, present arguments, build awards and settlements and carry out all other incidental and necessary tasks ONLINE on a Single Platform supported by Ultra-Advanced 50+ Software and Tools to reduce the dispute resolution time and cost.

To subscribe to the Jupitice Private Digital Bench, a neutral has to be appointed from the marketplace or Jupitice’s “Boutique Panel”.

The award or settlement agreement has become valid and final in the country in which it has been made, in the sense that it will not be considered as such if it is open to the opposition, appeal, or pourvoi en cessation (in the countries where such forms of procedure exist) or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending.

A fixed Fee is charged on the basis of “Claim Value” for the entire duration of the method that you have chosen. You can also estimate your fee by using the fee calculator.

Jupitice will refund the subscription fee

Yes, Digital Benches provide various services that improve the quality of outcomes.

No, in order to subscribe to Digital Bench Services you need to appoint a Neutral from the Justice Services Marketplace.

A fixed Fee is charged on the basis of “Claim Value” for the entire duration of the method you have chosen. You can also estimate your fee by using the fee calculator.

Jupitice will either replace the Arbitrator or refund the subscription fee.

Though Jupitice does not insist to follow Jupitice Online ADR Rules it is advisable to follow the same for quality and efficient outcomes.

Yes our ADR services are thoroughly compliant with UNCITRAL Arbitration Rules, and the fee charged for them is reasonable.

Dispute Resolution Platform

• Offer Key Services - Dispute Resolution Platform + Jupitice Moderator Services
• Platform offers Conduct of End-to-End Dispute Resolution Process only
• Assisted by Jupitice Moderator
• Client can appoint the Neutral from their own sources

Digital Court

• Offer Major Services - Discovery Services + Dispute Resolution Platform + Court Management Services
• Digital Court is a Ultra-Advanced Digital Infrastructure & First Class Services with complete Digital Justice Eco-System from Hiring Neutral to Decision for resolution of disputes
• Assisted by Court Management Team
• Appointment of Neutral by the client on their own from the Jupitice Panel to ensure quality outcomes

Managed Private Digital Court

• Offer One-Stop-Shop Services i.e. All in One Place Neutral Appointment Services + Dispute Resolution Platform + Court Management Services + Case Management Services + Appointment Authority Services + Challenge to Arbitrator Services
• ADR Services offers A game changing experience to get the Dispute Resolution Services just like seeking from Traditional Court but digitally MINUS its pain points through its Digital Court
• Full First Class Administrative Services under a Manager
  • Assisted by Court Management & Case Management Team
  • Free “Appointing Authority” Services
  • Free “Challenge to Arbitrator Services”
  • Free “Neutral Hiring Services/ Recommendation Services”
  • Free Administration Services for “Emergency Arbitration” before the start of Arbitration
• Appointment of Neutral by Jupitice from its “Boutique Global Panel”, to offer specialist, Experts & experienced Neutrals for quality outcomes

No, it works out to be cheaper than assembling individual services. Thus, you pay less for each service.

Yes, this is administered arbitration services by Jupitice

Jupitice performs a dual role in the realm of ADR services. It is a Technology Company that provides Technology platforms for Dispute Resolution Services. However, Jupitice is an Arbitral Institution when it provides its ADR Services.

Jupitice Value-Added Services make the dispute resolution process more efficient, easy and effective resulting in an additional reduction in dispute resolution time and cost.

Jupitice provides various types of on-demand value-added services as per the needs of the participants. Below is the list of such Services.

• Appointing Services
• Jupitice Neutral Hiring Services
• Case Manager Services
• Tribunal Secretary Services
• Secretarial and Clerical Services
• Searching and Extracting information from Case Documents into User specified format
• Certification of Documents, Awards, Settlements, and Records
• Transcription of recorded proceedings
• Translation Services
• Interpreter
• Document labeling and organizing
• Registration of Awards
• Notarization
• Digital Storage

Value-Added Services are chargeable either on the basis of fixed price or per hour, depending on case to case basis.

No, it’s not mandatory to use any of these services. These are just for the assistance of the clients if they want to subscribe to any.

The fee is paid by the users who buy the Services.

Yes, you can make the payment online.

Below are the Online Payment options:

• Bank Transfer
• Credit Cards
• Digital Wallet

ADR practitioners are arbitrators, conciliators, mediators, and negotiators. ADR Register certifies ADR practitioners and ADR legal entities (companies, organizations, professional bodies, associations, co-operating groups, etc.).

It is a free Online ADR Global Panel where eligible ADR Practitioners and Neutrals register themselves and let themselves out in the global market for providing respective services.
Jupitice has aggregated world’s premiere, independent ADR Service providers from around the world and near you, having diverse experience, specialties in key areas, and multilingual capabilities. You can find and appoint your right match through Jupitice’s AI-Powered Search Engine or by posting your requirements, which will be flashed out to the right matches for inviting proposals from them for free. The ADR Service Providers are Independent Contractors.

“Jupitice Boutique Panel '' is a highly professional panel of individuals composed of Independent Retired Judges, and highly experienced and specialist ADR Professionals for High Value and complex disputes.

ADR practitioners are not permanent employees of Jupitice but are a part of its advisory board.

Yes, they are absolutely independent and provide their services independently to their respective clients.

Yes, they charge their own fee and you may negotiate directly with them and pay their fee through Jupitice online payment methods.

No, you can appoint and bring your own Neutral from other sources. However, to subscribe to the Digital Bench, you have to appoint the Neutral from Jupitice Justice Services Marketplace.

Yes, you may choose a neutral from your own source in case of certain services.

Yes, Jupitice has described various online methods on its website for payment purposes.

You can be a part of the Panel by simply registering yourself with us by creating an account and sharing your credentials and consequently getting approval of your account after verification of the credentials.

No, you don’t need to pay any fees to be a part of the panel. Jupitice empanelment services are for free.

The empanelment process is a five step process starting from registration, then coming to approval, then deployment of the technical team, then the creation of a web page on the legal office and lastly rolling online and getting connections there.

Registration is meant to create your account and share your credentials.

Jupitice Justice Services Marketplace launches you online out in the global market for free, where you can manage and run your ADR practice online, and get invitations from potential Jupitice clients/visitors who could need your services too. Also, on Jupitice, you can get access to various technology tools that you might need while delivering your services.

This is an exclusive free online service provided by Jupitice to ADR practitioners who register themselves with us. Jupitice created a Global ADR Office for registered ADR Practitioners by creating Webpages for them which puts them on Jupitice’s global marketplace as a panel of ADR practitioners and neutrals open to providing ADR-assisted online services to the potential clients who visit them on the marketplace.

Jupitice does not charge any fee for creating this Online Global Office for ADR Practitioners. However, Jupitice charges a fee in the form of a commission ranging from 16-18% of the Invoice value of the services that are rendered and received by ADR Practitioners by using its Global ADR Office.

Jupitice offers a domain – www.jupitice.com/name of the Practitioner.com

Invoicing and Payments, collaboration in real-time tools, communication tools, etc. are a few free tools available on Jupitice.

Yes, we can create your customized Global ADR Office for a fee

Getting invitations from potential clients means an invitation to deliver ADR services to the clients who connect and request the delivery of services to ADR Practitioners and Neutrals in pursuance of the resolution of the dispute.

Yes, you can use your Global ADR Office for your clients outside of the Jupitice Marketplace.

Jupitice does not charge any fee. However, Jupitice charges a fee in the form of commission @ 5% of the invoice value of the services that are rendered and received by you by using its Global ADR Office

Yes, it is totally legal subject to compliance with certain conditions prescribed by the BAR Council of India

Jupitice has created and harnessed its “Jupitice Boutique ADR Panel'' which is composed of Independent retired Judges, highly experienced and specialist ADR Professionals, and professionals conferred with national or international prestigious awards or recognition for High Value and complex disputes.

You can apply for becoming part of the panel subject to your qualifications or criteria prescribed by Jupitice in this regard, for free.

ADR practitioners are not employees of Jupitice but are independent contractors.

Yes, they are absolutely independent and provide their services independently to their respective clients.

Yes, they charge their own fee and you may negotiate directly and pay their fee through Jupitice online payment methods. However, for Jupitice ADR Services, you do not pay any fee to the Neutrals.

Section 10-A and Section 11 - 15 of the Information Act 2008 read with Section 65-A and 65-B of Indian Evidence Act 1872 and Provisions of the Arbitration and Conciliation Act 1996 read with various Supreme Court Judgments make the Online Arbitration Awards, Conciliation Settlements, the Online Arbitration, Online Conciliation, etc. legally valid.

The Award or Settlement issued by Jupitice Bench is final and legally binding. The same is enforceable in a court of law.

All 166 Countries that are a party to the Convention of New York (Convention on the Recognition and enforcement of Foreign Arbitral Awards) are accountable to be bound by the Award or Settlement issued by Jupitice.

Jurisdiction is ideally decided by way of Agreement between the parties. In absence of an Agreement, the Arbitral Tribunal may meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts, or the parties, or for inspection of documents, goods or other property [as per Section 20 Arbitration and Conciliation act, 1996]

Through the Agreement between the Disputants.

As per Section 65A and 65B of Indian Evidence Act – Admissibility of Electronic Records as evidence and Section 4 – Legal recognition of electronic records of Information Technology Act, 2000 based on UNCITRAL Model Law of e-Commerce 1996, online recordings of evidence and arguments are legally valid.

Escrow is a financial arrangement in which two parties enlist a third party (who is neither the buyer nor the seller) to temporarily hold money, paperwork, or other assets for a transaction on their behalf before the transaction has been finalized.
That third party, known as an escrow provider, helps make the transaction safer by protecting the assets of the buyer and seller until both parties have met their obligations for the agreement.
Ideally, the escrow provider is a neutral third party who isn't concerned with whether the buyer or seller comes out ahead.

If Buyer and Seller agrees to use Escrow Services provided by Jupitice on its own, that services will be free. However, the payment methods of Credit card and PayPal and other similar methods will incur a Payment Processing Fee and are subject to additional restrictions and the same shall be deducted from the payment as per the service contract between buyer and seller. Jupitice will keep the funds in the separate dedicated bank account for Escrow Services to receive and disburse the deposits in accordance with the Terms of Service Agreement. Jupitice, except for the purpose for which such funds are received and deposited in the dedicated bank account for Escrow Services, shall not use such funds in the Escrow Account for any other purpose. However, both buyer and seller shall not be entitled to any bank interest and other benefits, if any, associated with the funds and by Jupitice. Such services shall be governed by the Jupitice’s Terms and Conditions as contained in the Terms of Service.

Under this, Jupitice may provide Escrow Services from the Third Party which shall be licensed and top-rated to its Buyers and Sellers. Buyer and Seller will have to agree to use the Escrow Services of the Third Party engaged by Jupitice before the transaction. The Buyer and Seller shall further agree to pay the Escrow Services fee and comply with the terms and conditions as prescribed by the Third Party. Such services shall be further governed by Jupitice’s Terms and Conditions as contained in the Terms of Service.

No, Jupitice does not offer any interest on the funds deposited in the Escrow Account. Jupitice is not a bank. Jupitice deposits and maintains all Escrow Account funds in a separate bank account which is separate from the operating accounts of Jupitice. Jupitice holds only legal title to, and not any equitable interest in, the escrow bank accounts and any funds deposited therein.

Although we offer telephone and email support, the safest way to check the status of your transaction is to sign onto our secure site.
After signing in, you can access your transaction summary page where you can view the progress of all your active Escrow.com transactions.

Jupitice will ensure a legal contract takes place between a buyer and seller before a buyer jumps into an active business transaction with the seller. The contract safeguards the interests of buyers by defining the role of each party and prescribing terms as agreed by both parties which they will have to abide by.

Yes, you can.

All 166 Countries that are a party to the Convention of New York (Convention on the Recognition and enforcement of Foreign Arbitral Awards) are accountable to be bound by the Award or Settlement issued by Jupitice.

Yes, you may use the Dispute Resolution Room without using the Services of Finding and Appointing Neutral Services.

Yes, you may bring your own Neutral from other sources and still can use Dispute Resolution Room but not Digital Bench.

Jupitice’s “ Digital Bench” is a Platform - Digital Mirror of Traditional Court transformed digitally with Ultra-Advanced Digital Infrastructure and First Class Services and powered by a complete digital justice Eco-system, “as a Service than a Place to resolve the disputes.

Online proceedings definitely have an upper hand on traditional proceedings due to the added advantage of filing documents online, hearing without physical appearance and remote proceedings, and experiencing the pain points of the physical/traditional proceedings.

Yes, as per agreed conditions

Please refer to the Terms and Conditions in the Fee Agreement. However, in case you have subscribed to a Dispute Resolution Platform or Private Digital Bench, your subscription fee will be refunded.

Yes, you may.

Dispute resolution is the process of deciding a dispute or a conflict that has arisen between Disputants and ADR Practitioners. The decision can be arrived at either in an amicable manner or adversarial manner, either by the parties themselves or a neutral third party, and where the such dispute is resolved that is called the Dispute Resolution.

Public Justice System is a Judicial System where the disputes are resolved by the Judicial Officers/ Judges of the Courts

Alternative Dispute Resolution (ADR) is the procedure for settling disputes without litigation, such as arbitration, mediation, or negotiation. ADR procedures are usually less costly and more expeditious. They are increasingly being utilized in disputes that would otherwise result in litigation, including high-profile labor disputes, divorce actions, and personal injury claims. One of the primary reasons parties may prefer ADR proceedings is that, unlike adversarial litigation, ADR procedures are often collaborative and allow the parties to understand each other's positions. ADR also allows the parties to come up with more creative solutions that a court may not be legally allowed to impose.

ADR eliminates the uncertainties of presenting a case to a judge or jury. The parties involved design the method of dispute resolution, and choose the ground rules. This combination of flexibility and accommodation greatly speeds the process of resolving disputes.

Litigation is the process of taking a dispute to a court of law. If parties cannot agree between themselves about the fair and proper outcome of a dispute they will present their respective cases to a court for its judgment. It is a broad term that describes a long and sometimes complex process.

ADR is an amicable process. The opinions and decisions of the parties are integral to the process of ADR. No judgment can be passed until and unless the parties agreed to it. Litigation establishes a win-lose situation where parties may not be satisfied with the outcome of the judgments all the time. ADR however, established a win-win situation because it is established by rounds of deliberations between the parties in order to settle their disputes. So, ADR is any day better and faster than litigation.

Yes, Jupitice Dispute Resolution Bench provide tools in this regard.

Yes, you may use this platform for Cross-Border or International Arbitration. The platform serves globally and is compatible with all types of Procedural Rules.

Yes, the International Arbitration Award has the same effect as the Domestic Arbitration Award in the countries that are signatories/parties to the Convention on Recognition and Enforcement of Foreign Arbitral Awards.

Yes, you can with the mutual agreement subject to Local Laws.

No, it depends on the Local Laws of the Disputant Parties

The Convention on Recognition and Enforcement of Foreign Arbitral Awards was adopted by the United Nations diplomatic conference on 10 June 1958 and entered into force on 7 June 1959. As of March 2021, the convention has 167 state parties. The aim of the Convention is to ensure the enforcement of foreign Arbitration awards worldwide.

The Convention on recognition and enforcement of Foreign Arbitral Awards provides a regime for the enforcement and recognition of arbitral awards within contracting states.

The Singapore Convention on Mediation, formally the United Nations Convention on International Settlement Agreements Resulting from Mediation which was adopted on 20 December 2018 and opened for signature on 7 August 2019, is an international agreement regarding the recognition of mediated settlements.

The Singapore Convention ultimately aims to facilitate international trade by rendering mediation an efficient and entrusted method for resolving disputes, alongside arbitration and litigation. Prior to the Singapore Convention, an international mediated settlement agreement lacked enforceability in and of itself.

In general terms, Alternative Dispute Resolution (ADR) is likely to be both cheaper and quicker than recourse to the courts. Alternative Dispute Resolution procedures are also confidential, which means that they may be particularly useful in resolving disputes on matters which are themselves confidential, for example, because they involve industrial secrets or commercially-sensitive terms of trade.

It can be difficult to arrange for alternative dispute resolution (ADR) where one or more of the parties refuses to accept that there is a problem, or is reluctant to engage in negotiations. There may also be situations in which the parties are prepared to negotiate, but there is little or no prospect of a successful outcome. ADR is not an effective way of dealing with a situation where one party wants the other to stop immediately.

Yes. The neutral will set out what evidence should be prepared and when it should be sent to them and the other parties. This is likely to be at least a week in advance.

Yes, but you cannot compel witnesses to attend, as you could at a court hearing. You can also present witness statements, as part of your evidence.

That depends on the complexity of the issues and the stances adopted by the parties. It could take as little as half a day, but a full day is quite common and some may take longer. Generally, the longer the parties stretch, the longer they will take. The neutral may well set a realistic deadline, to assist the process.

You could settle those issues upon which agreement has been reached and continue the dispute in relation to the others. Alternatively, you may take the view that all issues should be decided in the same forum and therefore choose to continue the dispute in relation to all the issues.

Yes, all the experts empaneled by Jupitice on its platform are duly vetted and verified as per Jupitice Procedure in this regard.

Arbitration, a form of alternative dispute resolution (ADR), is a way to resolve disputes outside the judiciary courts. The dispute will be decided by one or more persons, which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial arbitration.

Litigation is a process followed in the courts which are under the administration of the state. It is a process which is manifested by the state to resolve the disputes between the parties. The judges are appointed by the state. While in arbitration the parties can consult an arbitration tribunal on their own.

While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. The arbitrator's final decision on the case is called the “award.” This is like a judge's or jury's decision in a court case.

Yes, the Arbitration Award can be challenged on grounds prescribed in the Jurisdictional Arbitration Law.

Arbitration can be voluntary (the parties agree to do it) or mandatory (required by law). Most contract arbitration occurs because the parties have included an arbitration clause requiring them to arbitrate any disputes "arising under or related to" the contract. If a provision like this isn't included in the contract, the parties can still arbitrate if they both agree to it post disputes.

Yes, the ability to start the arbitration proceeding depends exclusively on the mutual consent of the disputing parties even if they do not have an arbitration clause in their contract. You can sign an Agreement for Arbitration post dispute.

Arbitration agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.

Arbitration Clause means a Pre-Dispute Agreement contained in the contract. An Arbitration Agreement is an agreement between the Disputant parties after the dispute has arisen.

Yes, the parties are free to determine the number of arbitrators, provided that such number shall not be an even number.

If one of the parties does not appoint an arbitrator within the prescribed period, or if two appointed arbitrators do not appoint a third arbitrator within the time limit, the party can request the appointing authority to appoint an arbitrator or go to the jurisdictional court.

Arbitral Tribunal means a sole arbitrator or more than one such as three arbitrators or five arbitrators and not the even number of the arbitrators.

An Arbitral Institution or ADR Centre provides administrative assistance in resolving the disputes by way of providing Case Administration Services, Infrastructure Services, Panel of Arbitrators, and other Value-Added Services

Conciliation is a voluntary proceeding, where the parties involved are free to agree and attempt to resolve their dispute by conciliation. The process is flexible, allowing parties to define the time, structure, and content of the conciliation proceedings.

Conciliation is where disputant parties, with assistance from a dispute resolution practitioner (the conciliator), discuss issues to reach an agreement. On the other side, Arbitration is where the disputant parties present arguments and evidence to a dispute resolution practitioner (the arbitrator) to make an award.

The conciliation process is voluntary as it is at the mutual discretion of the parties to choose conciliation as a method of resolving their dispute with the assistance of the conciliator; also the proposal is not binding upon the parties. They are free to follow or not follow the proposal given by the conciliator. It presides over litigation because the parties do not have to go through the technical procedures and formalities of litigation; instead, conciliation allows parties to a friendly search to reach an amicable solution.

As per Section 74 of the Arbitration and Conciliation Act, the Settlement Agreement shall have the same status and effect as if it is an Arbitral Award on agreed terms on the substance of the dispute rendered by an Arbitral Tribunal under Section 30.

A conciliation settlement can be challenged on the grounds prescribed in the applicable Law such as fraud, coercion, misrepresentation, or improper execution.

No, a conciliation clause is not mandatory in the contract but the party may agree on a written form for the conciliation proceedings by their mutual consent.

Conciliation agreements are the result of a third party helping parties resolve a dispute. A conciliator expresses opinions about the merits of the dispute but does not decide the conflicts for the parties. It is useful if one side has unworkable beliefs about the fight; a proactive approach to the advantages may help resolve the disagreement.

There shall be one conciliator. But the parties may by their agreement provide for two or three conciliators. Where the number of conciliators is more than one, they should as a general rule act jointly.

Disputing parties can request the appointing authority to appoint the conciliator on their behalf.

In a mediation procedure, a neutral intermediary, the mediator, helps the parties to reach a mutually satisfactory settlement of their dispute.

Arbitration is more formal as compared to mediation. In mediation, the mediator generally sets out alternatives for the parties to reach out an agreement. Dispute resolution through conciliation involves the assistance of a neutral third party who plays an advisory role in reaching an agreement.

With litigation, you are never certain of your outcome until a judge or jury decides who is right and who is wrong. Mediation employs a neutral third party who does not judge the case but helps facilitate a discussion, limit the issues, and put them in perspective to resolve the dispute.

Yes, with mutual Agreement.

When a settlement is arrived at by mediation, it does not enjoy the status of a court decree, unlike an arbitral award that can be enforced; but when the same settlement arrived through Mediation is converted into a consent award, the settlement is deemed to be a decree.

Yes, Mediation settlement is not binding and enforceable and can be challenged on merits as well as other grounds.

Mediation can be used either through Mediation Clause in the Contract or by reaching an Agreement post dispute

An agreement specifying the agreed terms between the parties over the course of mediation proceedings are penned down finally in a settlement agreement known as Mediation Agreement.

Normally, one Mediator is appointed. However, it all depends on the Mediation Clause or Mediation Agreement.

The use of alternative dispute resolution can speed up a settlement, which means less cost, time, and stress than would be involved in taking matters to court. Moreover, the parties make the decisions and do not have to hand over control to a judge or arbitrator. When successful, Mediation can produce results that, overall, are more satisfactory to the parties than those that could have been achieved through the courts.

Yes. Settlement is voluntary, so you cannot be certain of getting a result. To obtain a result from mediation, the parties will have to agree to resolve the matter. There is no outside party imposing a solution, and there is a risk of the process being exploited by a cynical opponent.
Another potential disadvantage is that, although recourse to alternative dispute resolution (ADR) is likely to take less time than recourse to the courts, it will not stop the clock running where there is a limit on the amount of time within which a legal claim can be made.

Not necessarily. However, it might be helpful - depending on the kind of lawyers you use - particularly if the issues involved are complex or emotive. If your lawyers are of the kind that focuses tenaciously on maintaining your strict legal 'rights', you should perhaps leave them out of the mediation process. If they focus on your wider interests, they will probably be useful.

Yes, as both the party’s consent is essential to get into a valid settlement.

It can vary in detail, but in broad terms:

• prior to mediation the parties will exchange case summaries and supporting documents with one another, and provide copies to the mediator
• the mediator will introduce themselves to the parties, probably by phone, and ask that they ensure they are represented by someone with authority to settle
• The mediation itself will start with a joint meeting, at which the ground rules will be set out, and each party may make an opening statement outlining the key issues.
• there will then be private meetings, in confidence, with the mediator trying to establish what each party would value, and what they really think of the strengths and weaknesses of their case
• the mediator will go to-and-fro between the parties, revealing no more than they have been authorized to do, but endeavoring to bring the parties gradually closer together
• there may be another joint meeting, to establish how far the parties have moved
• given success, the mediator will then put forward the agreed solution
• The agreement will be drawn up and once it has been signed, it is binding.

• Mediation is a process in which a neutral third party helps the parties to reach a resolution of their dispute or to narrow the differences between them.
• Arbitration is a process in which an arbitrator hears evidence from the parties and makes an award that can be binding and enforced by a court.

Yes, if you have an agreement in this regard.

Assisted negotiation means the use of the Services of professionals and experienced Negotiators. It is always advantageous to use such services, as it helps in engaging in fruitful discussion, identifying and assessing possible solutions, as well as writing agreements. It increases the chances of dispute resolution.

Assisted negotiation helps in resolving disputes successfully and faster as professional Negotiators leverage their expertise and experience.

Jupitice provides its platform to run a negotiation process between two or more parties aiming for an amicable resolution of the conflict by way of fruitful dialogue. Jupitice also provides rules to offer guidance on the procedure to its end users.

No, the negotiation process simply requires the parties of interest to join the procedure and resolve their dispute through discussions and dialogue without the help of any facilitator.

No, you don’t need a lawyer to represent you for Negotiation, but you can take the help of personal assistants to assist you in the process.

ODR means Online Dispute Resolution Services.

ODR is different from Arbitration, Conciliation, or Mediation in way that it provides an online medium to conduct these proceedings, unlike the standard orthodox medium.

Section 10-A and Section 11 - 15 of the Information Act 2008 read with Section 65-A and 65-B of Indian Evidence Act 1872 and Provisions of the Arbitration and Conciliation Act 1996 read with various Supreme Court Judgments make the Online Arbitration Awards, Conciliation Settlements, the Online Arbitration, Online Conciliation, etc. legally valid.

UNCITRAL finalized and adopted the Technical Notes on Online Dispute Resolution at its forty-ninth session in 2016. The Technical Notes on Online Dispute Resolution are non-binding, and take the form of a descriptive document, reflecting elements of an online dispute resolution process.

• The Rules shall apply to business-to-business disputes (B2B) where the parties to a sales or service contract have agreed that disputes relating to that transaction shall be resolved under these Rules, so long as the dispute falls within the scope of the Rules. The rules do not cover consumer transactions.
• These Rules shall govern the ODR proceedings subject to such modifications as the parties may agree, except that where any of these Rules is in conflict with a provision of the law applicable to the ODR proceedings from which the parties cannot derogate, that provision shall prevail.

This Regulation shall apply to the out-of-court resolution of disputes concerning contractual obligations stemming from online sales or service contracts between a consumer resident in the Union and a trader established in the Union through the intervention of an ADR entity listed in accordance with Article 20(2) of Directive 2013/11/EU and which involves the use of the ODR platform.

Not yet, but NITI Aayog, in association with Agami and Omidyar Network India, brought together key stakeholders in a meeting for advancing Online Dispute Resolution (“ODR”) in India.
The purpose of the meeting was to explore Online Dispute Resolution to contain and resolve disputes, particularly small and medium value disputes before they enter formal court processes as a way to enhance access to justice and ease of doing business, by seeing dispute resolution as being one of the key facets to the revival of the economy post the pandemic crisis. This document outlines the key excerpts from the talks made by the participants and discussions amongst them.

ODR is the resolution of disputes, particularly small- and medium-value cases, using digital technology and techniques of alternate dispute resolution (ADR), such as negotiation, mediation, and arbitration. While courts are becoming digitized through the efforts of the judiciary, more effective, scalable, and collaborative mechanisms of containment and resolution are urgently needed. ODR can help resolve disputes efficiently and affordably.

We have a comprehensive security program consisting of a set of policies, guidelines, plans, and processes for identifying and addressing the threats and risks of the company relating to general security governance, personnel security, physical security at the Data Centre, Network systems, Clients, Disaster recovery, Controls, etc. Please click here to view our Data Protection Assessment Sheet.

• We use advanced firewalls as the first line of defense against an intrusion from the Internet.
• We apply the most appropriate secure settings for our devices and software.
• We control the access to our Data and Services.
• We protect ourselves from viruses and other malwares.
• We keep our software and devices up to date.

• We verify the identity of persons purporting to electronically sign or submit the documents
• We ensure the electronic document is received and stored in the same format in which it was sent.
• We have stringent access controls to prevent unauthorized access to documents either in transmission or storage.
• All data and documents are transmitted securely as encrypted.
• All data is encrypted and stored safely in the Data Centre.
• All evidence and sensitive information are stored in Block-chain Storage.

We are ISO 27001 and ISO 9001 certified