Dispute Resolution Road Map

How to Resolve a Dispute – Personal or Business?

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  1. Dispute Resolution Methods

    You can resolve your disputes either through Litigation (Traditional Court Mechanism) or via an Out-of-Court Settlement (ADR or Alternative Dispute Resolution) which includes mechanisms such as Arbitration, Conciliation, Mediation, & Negotiation.

  2. Jupitice’s Dispute Resolution Method

    Jupitice facilitates your dispute resolution only through ADR Mechanisms like Arbitration, Conciliation, Mediation & Negotiation. You don’t get to resolve your disputes via litigation on Jupitice.

  3. What Is ADR or Alternative Dispute Resolution?

    It is a dispute resolution mechanism that is an alternative to litigation. ADR mechanism resolves disputes Out of Court with legal binding & court-enforceable outcomes. The procedural rules are tailor-made consensually by parties involved with the help of Third Party Neutrals such as Arbitrators, Conciliators & Mediators. An ADR proceeding also guarantees legally binding or court-enforceable outcomes. The ADR mechanism consists of three basic methods- Arbitration, Conciliation & Mediation.

    What Is Arbitration?

    Arbitration is a process where parties agree to resolve their dispute by bringing the matter before a Neutral Third Party such as an Arbitrator for decision. During an arbitration hearing, both parties with their respective lawyers will present their case to the Arbitrator. The Arbitrator will make a Binding Decision based on the merits of the case wherein the parties must abide by the Arbitrator’s decision. One of the major perks of Arbitration is that it gives a final & binding award.

    What Is Conciliation?

    Conciliation primarily revolves around building a positive relationship between the parties involved in the dispute through a Conciliator. A Conciliator is an impartial person who assists the parties by driving the negotiation towards a satisfactory agreement. Unlike Arbitration, Conciliation is a much less adversarial proceeding. In Conciliation, the Conciliator plays a relatively direct role in the actual resolution of a dispute & even advises the parties on certain solutions by making proposals for settlement. A major benefit of choosing Conciliation, especially in India, is that its settlement has the same status & impact as that of an Arbitral Award on agreed terms.

    What Is Mediation?

    Mediation is a process in which a Neutral Third Party such as a Mediator facilitates & guides the parties involved in negotiating a mutually acceptable settlement for their dispute. The Mediator does not determine who is at fault in the dispute. Instead, he helps the parties to focus on finding solutions that meet their concerns without forcing a decision on either party. A Mediator assists the parties in identifying & articulating their own interest, priorities, needs & wishes to each other.

  4. Arbitration vs Conciliation vs Mediation

    • Arbitration

      • Quasi-Judicial Adjudicatory Process
      • Arbitrator(s) appointed by Parties through Agreement or Court
      • Governed by tailor-made Procedural Rules subject to Arbitration & Conciliation Act 1996 in India
      • Decision (Award) Legal Binding & Court Enforceable
      • Award is subject to Challenge on specified/ limited grounds
      • Adversarial in nature as the focus is on the determination of Rights & Liabilities
      • Institutional Arbitration assistance available
      • A Formal Proceeding held in Private
      • Costlier than Mediation
      • Awards are recognizable & enforceable in 166 countries under The New York Convention, 1958
    • Conciliation

      • Quasi-Judicial Adjudicatory Process
      • Arbitrator(s) appointed by Parties through Agreement or Court
      • Governed by tailor-made Procedural Rules subject to Arbitration & Conciliation Act 1996 in India
      • Decision (settlement) has the same status & effect as that of an Arbitration Award on agreed terms
      • Conciliator assists the parties in their attempt to reach an amicable settlement for their disputes
      • Less formal proceedings held in Private
      • Reduced cost as compared to Arbitration, but costlier than Mediation
      • Quicker decision compared to Arbitration, but lengthier compared to Mediation
      • Institutional Conciliation assistance available
      • Win-Win Solution
      • No Guaranteed outcome
      • Preserve relationships
      • Conciliation is generally employed in Civil Law countries
    • Mediation

      • Negotiation Process, not an Adjudicatory Process
      • Procedures & Settlements not governed by any Statutory Provisions
      • Informal Proceedings in Private
      • Quicker Decision compared to both Arbitration & Conciliation
      • Cost-efficient compared to Arbitration & Conciliation
      • Win-Win Solution
      • No guaranteed outcome
      • Preserve relationships
      • "Singapore Convention on Mediation" signed by 53 countries
      • Awards are recognizable & enforceable in 166 countries under The New York Convention, 1958
  5. Choose Your Prefered ADR Method

    Analyze the pros & cons of the different ADR methods & choose from Arbitration, Conciliation, or Mediation.

  6. Appoint The Neutral

    Appoint the Neutral such as an Arbitrator or Conciliator or Mediator as per the chosen ADR mechanism. You can find, evaluate, negotiate & appoint Neutral from the Jupitice Marketplace for free.

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  7. Choose Dispute Resolution Platform or Private Digital Court!

    To conduct or perform an end-to-end proceeding or dispute resolution process online, subscribe to either Dispute Resolution Platform or Private Digital Court.

    To know more about Jupitice’s Dispute Resolution Platform click here or Private Digital Court click here.

    To compare both, click here.

  8. Buy ADR Services for Total Solution

    If you want to save time & reduce efforts & hassles, you can use our ADR Services that offers you a One-Stop-Shop for the resolution of your dispute.

    To compare ADR Services with Dispute Resolution Platform or Private Digital Court, click here.

    To learn more about ADR Services, click here.

  9. Choose Your Add-On Services

    Jupitice also offers Value-Added Services such as Tribunal Secretary, Translation Services, Transcription Services, and much more to further reduce your dispute resolution time.

    To learn more about the Services, please click here.

  10. Free Legal Consultation

    If you are looking for some legal consultation, advice, or discussions, you can connect with Jupitice’s Legal Experts. You can talk to our experts for 15 minutes & that too free of cost!

  11. More Questions?

    If you still have any questions or need clarifications, you can talk to our Expert here.