In brief
A court is not the only place a dispute can end. Arbitration, mediation, conciliation, a negotiation, or a Lok Adalat can close it with less time and a result the parties had a hand in. We advise on which of those fits, and we conduct it.
Discuss this matter
Arbitration
Domestic and international references, from the clause to the award.
Settlement
Mediation, conciliation, and a negotiation that is actually structured.
Lok Adalat
Appearance where a statutory settlement forum is the right room.
The brief
What clients ask us
Choose a question. The answer sets out the work we actually take in this practice, in plain language.
Answer
The method follows the dispute. A clause may force arbitration. Everything else is a choice, and it should be made with a view of what a court would do if talks fail.
- Arbitration
- Mediation
- Conciliation
- Negotiation
- Lok Adalat
Which forms of ADR do you use?
Answer
The method follows the dispute. A clause may force arbitration. Everything else is a choice, and it should be made with a view of what a court would do if talks fail.
- Arbitration
- Mediation
- Conciliation
- Negotiation
- Lok Adalat
What does the arbitration work include?
Answer
A reference is a full proceeding. The clause, the tribunal, the pleadings, and the award are each a piece of work, not a single hearing.
- Drafting arbitration agreements
- Appointment of arbitrators
- Representation in domestic and international arbitration
- Strategy for how the reference should be run
When is mediation or conciliation the better path?
Answer
When both sides still want a working relationship, or when the gap between them is a number rather than a principle. We sit in that process to help it produce a settlement that can be enforced.
- Mediation
- Conciliation toward an amicable settlement
- Negotiation between the parties
What happens to the award?
Answer
An award has to be lived with, challenged on a ground the Act allows, or put into execution. We do all three.
- Challenge to an arbitral award
- Enforcement
- Advice before a challenge is filed, including when one should not be
Do you appear in Lok Adalats?
Answer
Yes. A Lok Adalat is useful when the dispute is one that forum can settle, and when the client has authority to settle on the day. We do not send a matter there as a way of postponing a trial.
- Representation in Lok Adalats
- Preparing the terms before the sitting, so the settlement is not drafted in the corridor
The path
How a matter moves
01
Choose the method
Clause, relationship, and the remedy a court would give decide between arbitration and a settlement process.
02
Set it up
The agreement, the mediator or the tribunal, and the timetable are put in writing.
03
Conduct it
We appear, or we negotiate, with authority and with a record of what was offered.
04
Make it final
A settlement is recorded so it can be enforced. An award is defended or executed.
Before you instruct us
Questions on this practice
Is ADR always cheaper than a suit?
It is cheaper when it ends the dispute. An arbitration that is fought like a suit, and then challenged, is not a saving. We will say so before you invoke the clause.
Can you still go to court if mediation fails?
Yes. A failed mediation does not waive the claim. What was said in the mediation should be kept out of the later case, and we conduct it on that basis.
Who chooses the arbitrator?
The clause does, or the parties do, or the court does if they cannot. We advise on a name before one is agreed. Changing a tribunal later is difficult.
Is a Lok Adalat award binding?
An award of a Lok Adalat is final in the way the Legal Services Authorities Act provides. That is why the terms should be read before you sign them, not after.
Do you only represent one side, or can you act as the neutral?
The usual instruction is to represent a party. If what you need is a mediator rather than an advocate, say that at the start so the role is not confused.
These answers describe the practice. They are not advice on the facts of your matter.
Next step
