Alternative Dispute Resolution

Alternative Dispute Resolution (“ADR”) refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory.
While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. It is the preeminent mode of dispute resolution. Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution.
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Frequently asked questions

The Indian Arbitration and Conciliation Act, 1996 is the governing arbitration statute in India. It is based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985.

Previous statutory provisions on arbitration were contained in three different enactments, namely, the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961.

ADR provides a viable option for those who prefer to stay out of court and has many potential advantages for most litigants, including:

  • Reduced cost
  • Efficient resolution
  • Less emotional stress
  • Flexibility with rules and procedures
  • Control over the results

A S Partners provides various services under the law of arbitrations as follows:

  • Application before the High Court for appointment of arbitrator
  • Petition before the court seeking Interim relief before or at the stage of arbitration proceedings
  • Petition under section 34 of Arbitration Act, 1999 seeking set aside of the award
  • Execution petition seeking realisation of the arbitration award before civil court
  • Appear before arbitrators across the country
  • Arbitration in Commercial disputes
  • Domestic and International Arbitration

A collaborative process where a mediator works with the parties to come to a mutually agreeable solution; mediation is usually non-binding. Mediation and Negotiation with A S Partners will help you save time and money of the parties as well as it is a speedy process; and they also get to know about the temperament, deeds and demands of each of the parties. The procedure takes place with the help of a mediator, he promotes communication but the procedure holds great confidentiality in its own. The mediator works with both the parties along with their counsels for dispute resolution and does not impose the decision upon the parties. All types of cases can go through the beneficial means of Pre-Litigation Mediation like matrimonial disputes, business disputes, insurance disputes, civil disputes etc. Any dispute settlement made in Pre-Litigation Mediation is written, signed by both the parties and filled in the court in the form of a proper settlement agreement and such agreement is binding upon both the parties.