Alternative Dispute Resolution (ADR) Services
Strategic Alternative Dispute Resolution (ADR)
Corpolit & Co. LLP recognizes the increasing importance of Alternative Dispute Resolution (ADR) as a swift, cost-effective and relationship-preserving method for resolving commercial disputes. In India, ADR encompasses arbitration, mediation and conciliation, all recognized under distinct legislations. The most significant among them being the Arbitration & Conciliation Act, 1996 and now, prominently, the Mediation Act, 2023. This new Act significantly formalizes and promotes mediation, emphasizing aspects like pre-litigation mediation and the enforceability of mediated settlement agreements. The principle of party autonomy inherent in arbitration and the structured framework of mediation make them increasingly favored approaches for dispute resolution. With the inclusion and amendment of Section 89 of the Civil Procedure Code, 1908, even pending civil suits can now be referred to arbitration or mediation through ordinary court procedures, offering the potential for efficient resolution of protracted legal proceedings. Our legal team ensures these avenues are thoroughly explored to safeguard our clients' interests.
Comprehensive ADR Services
Corpolit & Co. LLP offers a full spectrum of ADR services, providing strategic guidance and robust representation designed to achieve optimal outcomes while minimizing disruption. Our capabilities encompass:
- Arbitration:
- Drafting comprehensive Statements of Claims and Replies.
- Active participation and representation in domestic arbitration proceedings.
- Assisting in the selection and arrangement of qualified and impartial arbitrators.
- Enforcement and challenge of arbitral awards.
- Mediation & Conciliation:
- Facilitating effective mediation and conciliation processes, adhering to the provisions of the Mediation Act, 2023.
- Providing expert guidance and strategic negotiation support throughout the settlement discussions.
- Drafting and finalizing legally enforceable mediated settlement agreements.
- Section 89 CPC & Pre-Litigation Mediation:
- Exploring and utilizing court-referred arbitration and other ADR mechanisms for pending civil suits.
- Advising and facilitating pre-litigation mediation for civil and commercial disputes as encouraged by the Mediation Act, 2023, aiming for early and efficient dispute resolution before formal litigation commences.
- Ensuring an efficient and seamless transition from traditional litigation to ADR processes.
- General ADR Advisory:
- Advising on the most suitable ADR methods for specific types of disputes, considering legal and commercial objectives, including the implications of the new Mediation Act.
- Providing strategic guidance on ADR procedures, best practices and drafting effective dispute resolution clauses in contracts.
Your Trusted Partner in Amicable Dispute Resolution
At Corpolit & Co. LLP, we understand that successful dispute resolution extends beyond legal arguments to encompass commercial realities and relationship preservation. Our approach to ADR is deeply strategic, focusing on achieving swift and cost-efficient resolutions that align with our clients' business goals. We are committed to providing clear communication, proactive advice and innovative solutions, empowering our clients to navigate disputes effectively, whether through structured negotiation, formal mediation, or arbitration. When you engage Corpolit & Co. LLP, you gain a legal team dedicated to facilitating amicable and advantageous dispute resolution outcomes.
