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ADR SERVICES

Alternative Dispute Resolution Services: Navigating Conflict with Expertise


CADRER offers a complete range of Alternative Dispute Resolution (ADR) services [viz. domestic and interntional Commercial Arbitration, Mediation, Conciliation, Negotiation, Pre-Litigation Counselling & Consultancy] including requisite administrative (institutional) support for effective & enduring resolution (through corporeal as well as digital/virutal mode)  of economic, commercial and civil disputes outside the Court of Law with the help of accomplished ADR Professionals having proven track record of extensive practice and industry expertise.

Alternative Dispute Resolution (ADR) has got statutory mandate for strategic settlement of disputes for sustainable success.

CADRER successfully serves its clients in respect to (domestic and international) economic, commercial and civil disputes resolution through the following Alternative Dispute Resolution (ADR) mechanism:

  1. Arbitration: Arbitration is a quasi-judicial adjudicatory process meant for resolving the dispute between the parties by Arbitrator(s)/Arbitral Tribunal appointed by the Court or by the Parties. Arbitration has become the most preferred mode of ADR in domestic as well as international disputes settlement

    1. Ad hoc Arbitration: Arbitration preferred by the parties in dispute with the engagement of the Arbitrator(s) mutually agreed upon without the involvement of any arbitral institution.

       

    2. Institutional Arbitration: Arbitration preferred with the involvement of arbitral institution.

       

    3. Fast-track Arbitration: Arbitration aimed to be carried out expeditiously at a faster speed.

       

  2. Conciliation: Conciliation is a non-adjudicatory process preferred by the parties in dispute to amicably settle the dispute with the assistance of the Conciliator.

     

  3. Mediation: Mediation is a non-adjudicatory process being facilitated by a Mediator(s) to the parties in dispute to amicably reach to the point of agreement.


CADRER
also provides services with respect to pre-litigation counselling and consultancy including negotiation.

CADRER offers its Alternative Dispute Resolution (ADR) services with respect to economic, commercial and civil disputes resolution/settlement pursuant to the Laws and Rules applicable to domestic as well as international Arbitration, Conciliation, and Mediation.

In India, the governing law with respect to Arbitration and Conciliation is the Arbitration and Conciliation Act, 1996 (with amendment in 2015, 2019, & 2021) enacted based on the Modal Law of United Nations Commission on International Trade Law (UNCITRAL), 1985 on International Commercial Arbitration. And the governing law with respect to Mediation in India is the Mediation Act, 2023 enacted w.e.f. 09th October, 2023.

CADRER has a panel of outstanding Arbitrators, Mediators and domain savants comprising of International Arbitrators/Mediators, Retired Judges, Lawyers, and other accomplished Professionals such as Chartered Accountant, Engineers, Civil Servants, Academicians, Business Executives, Consultants and others with necessary (corporeal/digital) infrastruture to facilitate economic, commercial and civil dispute resolution through ADR mechanism in India.

In today’s fast-paced and interconnected world, disputes are an inevitable part of personal interactions, business transactions, and international affairs. The traditional route of litigation can often be time-consuming, costly, and rigid. This is where Alternative Dispute Resolution (ADR) services step in as a beacon of efficiency and flexibility. ADR encompasses a range of services that provide parties in conflict with the opportunity to resolve their issues outside of courtrooms, through processes that are often more collaborative and controlled by the involved parties.

Mediation: The Collaborative Approach

Mediation is a highly interactive process where a neutral third party, the mediator, assists disputants in reaching a mutually satisfactory settlement. It’s a personal and flexible process, often less formal than other methods, and can be particularly effective in preserving relationships, whether business or personal, post-resolution.

Arbitration: Binding and Efficient

Arbitration is akin to a private trial where the disputing parties present their cases to an arbitrator, who then makes a decision. The process is less formal than court proceedings and can be faster and more cost-effective. The arbitrator’s decision is usually final and binding, making it a practical choice for parties seeking closure.

Conciliation: The Peacemaking Process

Similar to mediation, conciliation involves a conciliator who meets with the parties separately to settle their dispute. However, a conciliator often takes a more active role in proposing terms of settlement, making suggestions, and can sometimes have a persuasive influence on the outcome.

Negotiation: The Art of Agreement

Negotiation is the most informal ADR process where parties directly communicate to negotiate a settlement. Skilled negotiators or advisors can help guide the discussions to ensure that the needs and interests of both parties are addressed.

Online Dispute Resolution: The Digital Frontier

With the advent of digital communication, ADR services have expanded into the virtual realm. Online Dispute Resolution (ODR) provides an accessible and efficient platform for resolving disputes, especially when parties are in different geographic locations.

Pre-Litigation Counselling: Strategic Dispute Management

Before disputes escalate, pre-litigation counselling can help parties understand their legal position and the strengths and weaknesses of their case. This service helps in making informed decisions about whether to proceed with litigation or to use an ADR mechanism.

Training and Capacity Building: Empowering Stakeholders

ADR services also encompass training programs for those interested in becoming ADR practitioners or for businesses that want to integrate ADR processes internally. These training sessions provide valuable skills in negotiation, communication, and understanding legal frameworks.

Specialized ADR Services: Industry-Specific Solutions

For certain industries, ADR services are tailored to address specific disputes, such as intellectual property rights, construction contracts, or family law matters. Specialized ADR services take into account the unique nature of these disputes and offer expert resolution mechanisms.

By offering a multitude of paths towards dispute resolution, ADR services not only facilitate the de-escalation of conflicts but also promote a culture of dialogue and understanding. In doing so, they serve as essential tools for maintaining harmony and fostering an environment where every party feels heard and valued.