Arbitration and Mediation Lawyers

Alternative Dispute Resolution - ADR Methods

Whenever there is a legal dispute, people tend to threaten the other party in the name of Courts. Maybe that’s why Courts are overburdened with lakhs of matters pending for adjudication. To overcome this burden, the government as well as other authorities are promoting Alternative Dispute Resolution (ADR) methods. There are several ADR methods which can help parties settle their disputes without going to Courts. It includes arbitration, mediation, negotiation, conciliation, Lok Adalat, etc. The most efficient, and majorly discussed methods of ADR are mediation and arbitration, confined to resolving civil disputes. 

Arbitration and Mediation

Arbitration and Mediation are among the popular ADR modes for resolving the disputes out of Court. Arbitration is governed under the Arbitration and Conciliation Act, 1996. On the other hand, mediation ought to be governed by the newly enacted Mediation Act, 2023. 

Arbitration can be understood as Court proceedings carried out without traditional Court, where the one or more arbitrator(s) is appointed with consent of both the parties. Such arbitrator goes through the evidence and arguments just like a Judge, and the decision is termed as arbitral award, which holds binding value apart from a few situations, when the same can be challenged before the Court of law. 

On the other hand, mediation goes, as the term suggests, when a neutral person tries to mediate the dispute between parties, suggesting possible solutions as per the applicable laws, not going by strictly. The idea of mediation is not to find who is right or wrong, but to find the middle point where both the parties agree. Mediation agreement signed by both the parties usually has a binding effect. 

Arbitration and Mediation, both require efficient lawyers to assist during the process to safeguard the legal interests of both the parties.

Arbitration Lawyers Near Me

If parties to the dispute consent to resolve their matter through arbitration, both need a lawyer who will help represent them legally before the arbitrator. Since arbitration is an out-of-Court procedure, parties have several interests at stake. An arbitration lawyer helps take care of the interests to make sure that the procedure is concluded without any bias. It is not just bias but the procedure should be duly followed and correct laws should be applied by the arbitrator before concluding anything in the arbitration award. An advocate for arbitration has to bve vigilant enough to raise concerns before the Court concerned in case anything goes south for their client. Lawyers for arbitration at Online Legal Query assist the clients and also represent them during arbitration proceedings as and when required. 

Mediation Lawyers in India

For all those who are connected with divorce lawyers for their matrimonial dispute must have heard the term mediation. The process includes a certified Mediator, who is an advocate by qualification, who acts as a middle man to whom the parties to dispute state their facts and disputes, and the mediator seeks to bring a middle road for the two in order to resolve their conflicts without losing out much. Mediation lawyers help settle the disputes without one of the parties being declared the ultimate winner and the other one a loser. The lawyer for mediation states the possibilities for the parties, and it is ultimately in the hands of parties to agree or deny the suggestions. If at all the mediation lawyer succeeds in helping parties resolve their dispute, a mediation agreement is prepared stating the terms on which settlement took place, and both the parties have to sign the same to express their agreement on the conditions stated.