The Hub offers world-class infrastructure to put a reliable resolution mechanism in place to resolve disputes by exploring out-of-court settlement options. The hub empanels seasoned advocates, subject matter experts and retired judges to act as mediators and arbitrators and ensures proper recording and documentation of all proceedings. The Hub encourages all parties to seek consensus in conflict areas employing creative ideas and collaborative efforts to resolve subject and technology-specific issues. The Hub has established processes that take a step-by-step approach to ensure a hassle-free experience to all parties. Apart from expertise, we offer end-to-end encrypted resolution processes, and reliable cloud data storage to enable even e-Arbitration, e-Mediation, and e-Conciliation.
e-ADR offers immense advantages as a futuristic solution today for resolving commercial disputes, offering a departure from traditional redressal systems. It can be conducted entirely or partially online, while ensuring utmost privacy and confidentiality to all parties. The authentication of evidence, privacy protection, and confidentiality measures contribute to a faster, cost-effective resolution process. Advocates, Chartered Accountants, Company Secretaries, Arbitrators, retired Judges, and Corporate Entities seeking facility for hearing room in resolution of commercial contracts rely on Dispute Resolution Hub’s advanced facility for Commercial Dispute Resolution. Winning the prestigious Most Trusted Dispute Resolution Provider in 2023 by Pride India Awards as well as Telangana Business Awards speaks volumes for the services offered by the Hub.
Frequently Asked Questions (FAQs)
What's the difference between arbitration and mediation, and which one should I choose for my dispute?
Arbitration and mediation are quite different in their approach and outcomes:
Mediation is a collaborative process where a neutral mediator helps parties communicate and reach their own settlement. The mediator doesn’t make decisions but facilitates discussion. Choose mediation if:
- You want to maintain a relationship with the other party
- You’re willing to compromise
- You want more control over the outcome
- You prefer a less formal, more flexible process
Arbitration is more like a private court proceeding where an arbitrator hears both sides and makes a binding decision. Choose arbitration if:
- You want a definitive decision
- Previous negotiation attempts have failed
- You need a legally binding outcome
- You want to avoid the publicity of court proceedings
How much does dispute resolution really cost, and is it cheaper than going to court?
The costs vary but are generally lower than litigation:
Mediation costs typically include:
- Mediator’s hourly rate – please refer to fees schedule (give the link to the fees schedule)
- Administrative fees
- Venue charges as applicable
Arbitration costs typically include:*
- Arbitrator’s fees please refer to fees schedule (give the link to the fees schedule)
- Filing fees please refer to fees schedule (give the link to the fees schedule)
- Administrative costs please refer to fees schedule (give the link to the fees schedule)
While these amounts may seem substantial, they’re usually significantly less than litigation costs, which can easily exceed $50,000 and take much longer. Plus, the faster resolution time means less lost productivity and lower overall costs.
How long will the process take? I need this dispute resolved quickly.
Timeline expectations vary by process:
Mediation:
- Typically resolved in 1-3 sessions
- Each session usually lasts 3-4 hours
- Total time from start to finish: Usually 30-90 days
Arbitration:
- Preliminary hearing: Within 2 weeks of filing
- Discovery period: 2-3 months
- Hearings: 1-5 days
- Final decision: Usually within 30 days of hearing
- Total time from start to finish: Usually 3-6 months
Both options are significantly faster than litigation, which can take 1-3 years or more. However, complex cases may require additional time, and scheduling conflicts can cause delays.
What if the other party refuses to participate in mediation or arbitration?
Your options depend on your situation:
If you have a contract with an arbitration clause:
- The other party is legally obligated to participate
- You can seek court enforcement of the arbitration agreement
- The court can compel participation
If there’s no prior agreement:
- For mediation: Unfortunately, you can’t force participation as it’s voluntary
- Consider sending a formal invitation through a mediation center
- Have your lawyer send a letter explaining the benefits
- Consider court-annexed mediation programs where available
- As a last resort, proceed with litigation
Remember: Many courts now require parties to attempt mediation before trial, which can help bring reluctant parties to the table.
What happens if I'm unhappy with the outcome? Can I appeal?
Your options vary based on the process:
For Mediation:
- Since you control the outcome, you don’t have to agree to any resolution
- You can walk away at any time before signing the settlement agreement
- Once you sign the agreement, it becomes binding like any contract
- You can only challenge it based on limited grounds like fraud or duress
For Arbitration:
- Arbitration decisions are typically final and binding
- Appeals are very limited and only allowed for specific reasons such as:
- Arbitrator misconduct
- Corruption or fraud
- Evident partiality
- Arbitrator exceeding their powers
- Fundamental procedural unfairness
This is why it’s crucial to:
- Choose qualified neutrals
- Prepare thoroughly
- Understand the process before starting
- Have legal representation if the stakes are high
Associations & Memberships
Come intern with us to get acquainted with the Arbitrations, Mediations, Conciliations in both online and offline modes and understand the nuances of Arbitration Dispute Resolution (ADR) processes covering niche areas such as Sports Arbitration, Construction Arbitration, Domain Name Dispute Resolution and IPR Disputes to mould and shape the future of the ADR arena.