Mediation and arbitration can help parties solve serious conflicts in a friendly manner without the high expenses and hassles of litigation.
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Millions of cases remain unsolved in the court for years, and the parties go for trials for months and years. The reasons might be any, but the victims do not get a resolution sometimes in their lifetime. However, all these cases can be solved in a few months with satisfactory resolution through Mediation and Arbitration. These two procedures fall under Alternative Dispute Resolution (ADR). So, it is legally approved and well accepted by all for its fastest and friendly resolution-providing capabilities. With a team of professionals, Online Legal India has extended their support to solve these disputes quickly but effortlessly.
Mediation is the most common Alternative Dispute Resolution procedure to court resolution. In a mediation process, a well-trained neutral mediator works to solve disputes between disputants and benefactors. Mediation is appealing because it provides a collaborative and friendly settlement without following a court judgment.
In a mediation process, a well-trained neutral mediator works to solve disputes between disputants and benefactors without enforcing any party to do anything. In this process, both parties need to agree to solve the issue, and the mediator does not judge who is wrong and who is right. They ask both to solve the issues in a friendly way. Both parties discuss and reach a satisfactory solution.
Mediation is a legal process (Mediation Act 2013) which helps reduce the pressure of the court cases either for complete settlement or simplified solutions between the parties.
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Clarification of the dispute and related issues
Educating both parties to make the issues light
Logical understanding for solving the disputes
Describing the consequences if the disputes reach the court
The mediation solves the issues either collaboratively or reducing the action-taken severity between the parties. More than 80% of disputes can be resolved through mediation with a win-win settlement. If issues are not solved through mediation, it moves to the arbitration department.
Mediation is a friendly and flexible alternative to arbitration
Mediation reduces the pressure of court
Provides faster resolution
Both parties reach a win-win settlement
It can solve complex disputes in an easy way
Less costly resolution compared to court cases
Mediation can be initiated any time before or during the arbitration or court cases. This process is called a “straight-in mediation request”. Indian constitution also accepts mediation so that any disputes is resolved without the intervention of the court. Until the parties reach a conclusive decision, and sign the MOU (Memorandum of Understating), the mediation is not fruitful. Otherwise, arbitration would be the solution for the dispute.
According to Arbitration and Conciliation Act, 1996, Arbitration is legally approved. A well-trained neutral attorney, retired judge, any qualified advocate who are certified for arbitration can be an arbitrator. While a mediator arranges a friendly conversation to solve the disputes, the arbitrator acts as the Judge of a court. In a friendly way, they prepare a notice for the accused party and ask to be present for the arbitration at a scheduled place where the complainant will also be present. The judgment is less formal and the both parties reach the solutions.
Usually, the arbitrators might be 3 in number for taking the final decision. If the two becomes contradictory, the final call goes to the third.
After the entire process, the Arbitrator makes a legal decision. Both parties need to sign the Arbitral award prepared by the Arbitrator. This may be a legal document for the both parties. The outcome of arbitration is binding.
If you file a case in court, it takes a huge fees. Millions of disputes remain unsolved for the higher cost of the court. When it is a monetary dispute, the court charges 31% of the amount. However, the arbitration may cost only 1 to 3 per cent or as the arbitrator unit charges.
Both parties can choose the judge when options are available. Arbitrators are neutral but can be chosen by the complainant and opposition parties. A valid arbitration agreement is a part of the collaborative judgement. Both parties have to follow the instructions and close the issues in a friendly manner
It is a friendly process and all complications are solved with discussion and a reasonable solution will be provided. The litigation process in court is critical and requires the filing of some important papers. However, the normal rules of evidence presentation and paper submission for the motion are not required in the arbitration process. So, it involves a less expensive procedure.
Some matters are sensitive and prestigious to disclose to the public. So, you can get the solution of the disputes out of the knowledge of the public and get a suitable resolution. The information will remain completely confidential. Whether it is personal information or business information, you can keep it completely out of the common eye.
Our arbitration unit always tries to solve any issue quickly. However, it may take 3 months to 18 months after filing the dispute. Some cases are solved in court even after the complainants’ expiration. Get faster closure of disputes through Arbitration and Conciliation services. The Arbitration hearing can be scheduled based on the availability of both parties and arbitrators. So, you can conveniently schedule your hearing date and place.
Arbitration and conciliation provide a less formal atmosphere than traditional court settings. This informality encourages open communication, reducing stress and anxiety for parties involved. The relaxed environment can lead to more honest discussions and creative solutions, allowing for a more collaborative approach to dispute resolution, which often yields better results.
| Point of Differences | Mediation | Arbitration |
|---|---|---|
| Costs | Economical Process | Slightly Expensive Process, but many times lesser than court fees |
| Neutral Third Party | The mediator are trained, and acts neutrally to conduct a discussion between the two parties | The arbitrator acts as the neutral judge, and conduct hearing. |
| Duration | Around 3 Months | It may take around 3 months to 18 months depending on the hearings. |
| Nature of proceedings | The proceedings are not governed by any specific statute and therefore are flexible. | The proceedings are governed by the provisions of the Arbitration and Conciliation Act, 1996, and are rigid. |
| Nature of Decision | If both parties agree to each other, a MOU (Memorandum of Understating) is signed. | The award given in an arbitration proceeding is binding on the parties and can be challenged only on some specific grounds. |
| Level of formality | It is an informal proceedings and held privately with flexible schedules. | It is a formal proceeding held secretly but consists of strict procedural stages. |
| Communication between Parties | Communication happens to between the parties in presence of a mediator. | Parties do not communicate between each other. |
| Decision-making Power | Parties make decisions, the mediators do not have power to make any decision. | Arbitrators make decision and prepare and award |
| Court Fees | Court fees are refundable in cases of settlement where the court has annexed mediation. Private mediators may charge in their own way. |
No court fees required. It is an out of court settlement. Private Arbitrators may charge in their own way |
Usually, everybody can ask for a solution for any type of social, economic or corporate disputes. The mosthyped disputes of the day that you can solve are (not limited to):
Credit card loan disputes
Bank loan disputes
Investors’ loan disputes
Insurance-related disputes
E-commerce sales disputes
Warranty and service-related disputes
Any civil issues and resolutions
Employer and employee disputes
If you are searching for a mediation and arbitration firm, you can contact Online Legal India. We have experienced mediators and top-notch advocates who are well-trained for arbitration. The neutral legal solutions through mediation and arbitration are available with us only at the lowest cost ever.
Mediation
Consultation Fee
Rs.499/-(adjustable with the mediation fee)
Platform Fee
Rs.4,999/- ( One Time )
Mediation Fee
Rs.3,500/- Per Session
Arbitration
Consultation Fee
Rs.499/-(adjustable with the arbitration fee)
Platform Fee
20% of the Loss Amount
Arbitration Fee
1
Our executives will collect details from you
2
Upload documents in support of your complaint
3
Collecting information about the opposition party
4
Payment is done
5
We will send a notice to the opposition party
6
Ask for a suitable date for both parties
7
Arrange Mediation or Arbitration
8
The disputes are resolved out of court
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Mediation is a process where a neutral and experienced mediator arranges a face-to-face discussion between complainants and defaulters. Mediators never judge who is right or wrong. They just meditate. If a solution comes out, a mediation agreement will be signed by both parties. Mediation is a voluntary and confidential process.
