FAQ's

ADR practitioners include neutral third parties like negotiators, mediators, conciliators, arbitrators, facilitators, restorative practitioners, coaches, collaborative lawyers, workplace investigators and assessors etc.

ADR procedures range from self-help processes at one end of a continuum to binding arbitration at the other. Except for arbitration, ADR uses non-binding processes that parties can walk away from at any time. Parties remain in control of the process and the outcome.

The most common processes are arbitration, negotiation, mediation/conciliation and group facilitation. In recent years collaborative family law, restorative justice, conflict management coaching and workplace investigations have steadily emerged as other commonly-used techniques.

ADR processes that are more adjudicative in nature include arbitration, executive mini-trial, settlement conferences, and early neutral evaluation.

As part of a formal ADR process, or informally, negotiation reportedly settles 60-70% of cases long before they get to trial. An increasing number of agreements now require parties to negotiate before litigating. In these agreements, litigation can only proceed after a good-faith attempt to negotiate a settlement. Parties that negotiate at the beginning of a dispute are usually successful, and their costs are usually much lower than with litigation.

Click Here to know about the Conciliation.

Conciliation saves cost and time. The main reasons people choose Conciliation include:

• to preserve relationships
• it is a straightforward and relatively informal process
• it ensures confidentiality (with some exceptions)
• it gives the parties control of the outcome
• it tends to leave parties with a high level of satisfaction
• it can be arranged quickly
• it is expedient
• there are cost savings
• it can be done online

Click Here to know about the Arbitration.

Yes. Under Section 36(1) Where the time for making an application to set aside the arbitral award under section 34 has expired, then, subject to the provisions of sub-section (2), such award shall been forced in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were a decree of the court.

A mediator/conciliator helps parties negotiate a settlement that will satisfy all the parties. A mediator/conciliator does not decide a dispute.

An arbitrator functions more like a judge, deciding the outcome of a dispute based on evidence and law presented in an arbitration. Arbitration is binding, and the outcome can be enforced like a court order. Parties must agree to arbitrate and must sign an arbitration agreement.

Parties and their lawyers can reduce costs by agreeing to limit documents and discoveries, and by giving the arbitrator the power to make the process more efficient. Costs are lower if the arbitrator writes an appropriate arbitration agreement and conducts the process differently than in a litigation. Eliminating the right to appeal can also give parties a faster and less expensive arbitration. ARCO’s fees is one of the lowest in the world.

Con-Arb is a hybrid approach which combines the benefits of both Conciliation and arbitration. In this process, parties first attempt to reach an agreement with the help of a mediator/conciliator. If the issues remain unresolved or the Conciliation comes to an impasse, the parties may move on to arbitration. If qualified as an arbitrator, the mediator/conciliator can assume the new role and make a binding decision quickly as all the facts are already known, or the mediator/conciliator can hand over the case to an arbitrator.

Many experts are self-employed and set their fees on an hourly or daily basis. There may be differences in the fees charged, but it would be based mostly on experience and the area of practice (family, commercial, etc) rather than type of service (arbitration or Conciliation).

ARCO mostly appoints independent or sole practitioners in its panel on the basis of their qualifications, experience in the relevant fields, and a penchant for dispute resolution.