Litigation and Alternate Dispute Resolution

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Litigation is required whenever there is a dispute between parties and one party or both parties want to take the matter to the court system for the purpose of resolution of the dispute. The representation of the parties in the court is to be done by their respective litigation attorneys. One can approach any litigation attorney for the purpose of representation with respect to the matter in court. A litigation attorney takes up several tasks. A litigation attorney’s responsibilities encompass the complete process of filing, investigating the facts of a case, drafting pleadings, presenting the case in the court, moving forward with the case, facilitating settlements, and dealing with appeal processes.

In litigation, a party files a case with the assistance of their legal attorney against another party in the appropriate court and both parties are represented by their litigation lawyers. The matter goes to trial.

There are several types of litigation services such as civil litigation, family law litigation, taxation litigation, medical litigation, media litigation, etc. Civil litigation usually concerns private disputes where the aggrieved party files charges against another party. Civil litigation includes Insolvency, Intellectual Property Rights, Consumer Protection, etc. Family law litigation is about disputes related to domestic matters and is decided in the family courts. Matters that are dealt with by family courts include divorce, paternity, child custody, etc. We also offer litigation for corporate legal matters, as well as, contract violations.

Conciliation

Conciliation is an alternative out-of-court dispute resolution instrument. Like mediation, conciliation is a voluntary, flexible, confidential, and interest-based process. The parties seek to reach an amicable dispute settlement with the assistance of the conciliator, who acts as a neutral third party. 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. These proceedings are rarely public.

They are interest-based, as the conciliator will when proposing a settlement, not only take into account the parties' legal positions, but also their commercial, financial and/ or personal interests.

Arbitration

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

With alternate dispute resolution processes becoming more popular and convenient in comparison to traditional dispute solutions, Indian companies as well as foreign entities that entered into business transactions with Indian parties are increasingly opting to resolve their commercial disputes through arbitration.

Services primarily covered under arbitration are as follows: -

Mediation

Mediation is an effective tool for tackling a wide range of disputes and property related issues. Mediation service involves the facilitative role of a trained, neutral third party who will assist parties to come to and manage the settlement of their dispute. A mediator helps to clarify and prioritise issues, crystallise needs, reality check and assist parties in search for solutions. They are facilitators who guide and manage the parties through a process of controlled negotiations to avoid escalation of conflict.

Mediation can improve communication, negotiation and build consensus. The mediation process is confidential, voluntary, flexible and unlike a court, there is no imposed decision: you retain ownership of and responsibility for any settlement that is reached.

ADR Legal Counselling

The benefits of parties engaging in alternative dispute resolution to resolve legal difficulties are numerous. Parties can settle their disputes on their own terms and this often brings a great feeling of relief. ADR can also proceed in a timely manner and is more cost-effective than going to court.

However, each case is different and the appropriate type of ADR for each case will be different. It will depend on the complexity of the problems and on the attitudes and conduct displayed by the parties to date and their willingness to engage in an open and frank manner to resolve their disputes. That is where ADR legal counselling comes in, it provides with the tools required to select the appropriate form of ADR for each case and get through the ADR process quickly, confidently, and with every legal tool at disposal.

ADR legal counselling can help through many issues, including: