Alternative dispute resolution in India or online dispute resolution in India allows the parties to opt for arbitration instead of court. Under arbitration, the parties agree to resolve any grievance, dispute/conflict through appointment of an independent third person.
Mediation is a flexible process wherein the dispute between the parties is amicably settled in a mutually beneficial manner. An independent third party is appointed to help both the parties to arrive at a settlement. The same is subsequently reduced to writing.
Conciliation is a voluntary process where the aggrieved parties attempt to resolve their dispute. Like mediation, a mutually beneficial agreement is assisted by an independent third party. The subjective satisfaction of the parties remains with them.
online dispute resolution
Legal Referee resolves all civil and commercial conflicts online at the comfort of home through alternative dispute resolution. We provide paperless proceedings where everything is digitized. We collect all documents in digital format in a hassle-free and secure manner.
Be it online arbitration, mediation or conciliation, we don't want you to carry all the documents or spend time and money on travel. Legal Referee offers an option to resolve all commercial and civil conflicts virtually without the intervention of courts.
Benefits of Alternative Dispute Resolution (ADR)
Confidentiality of Proceedings
Retain Cordial Relationship
Higher Scope for Settlement
Protect Brand Name
Minimize the chances of Litigation
Time Bound Proceedings
Everything at the comfort of home
Online Dispute Resolution for E-Commerce Websites
Provide a customized dispute resolution within the site for enhanced customer support.
Protect the reputation of the site by rightfully restricting online defamation in various websites and forums including social media.
Resolve disputes of the customer through Arbitration, mediation and conciliation services at the comfort of home.
Negates the chances of approaching the courts for remedy by opting to alternative dispute resolution in India/ online dispute resolution in India.
MAJOR AREAS OF LEGAL REFEREE ONLINE DISPUTE RESOLUTION IN INDIA
Online Dispute Resolution in India is a process by which the ease and the benefits of alternative dispute resolution in India are enhanced by allowing the parties to settle the dispute at the comfort of their home. The proceedings are made available online and the agreement and evidence are also made online. The issue of territorial jurisdiction is not a matter of consideration where the arbitration clause specifies the same unless it refers to the methods of alternative dispute resolution in India or Online Dispute Resolution in India.
In case the parties belong to different States or even cities, the online mode will enable the parties to actively participate without much hassle and also drastically reduces the issues of territorial jurisdiction, travel, paperwork and prompts towards digitization in the judicious process of dispute resolution.
Alternative dispute resolution in India is more feasible and provide enormous scope for application for Indian businesses to opt for settlement and retain relationship between parties through Alternative Dispute Resolution in India. More specifically, the benefits of arbitration over litigation showcasing the advantages of alternative dispute resolution in India can be read here. And the need and importance of alternative dispute resolution in India for E-Commerce website can be viewed here.
Legal Referee Online Dispute Resolution facilitates settlement of disputes online through alternative dispute resolution in India on all civil and commercial disputes with specific reference to the following:
- All kinds of commercial disputes such as disputes with co-founder, partners, investors, VCs, suppliers, distributors, professionals, customers and so on.
- Consumer related disputes like defective goods, deficiency of service, refund etc.
- Land-related disputes such as inheritance, partition, landlord-tenant, joint development of property etc.
- Intellectual property matters such as trademark, copyright, patent, designs etc.
- Matters relating to E-Commerce Website such as online defamation, unauthorized use of brand name, the customer(s) dispute resolution forum etc.
- Employment related disputes such as protecting confidential information, competition, breach of contract and the like.
And includes all other civil and commercial disputes that can be resolved through alternative dispute resolution in India. Feel free to register your complaint with Legal Referee Online Dispute Resolution in India and we will determine if such issue can be determined by online dispute resolution in India or not. Or you can also read the FAQs for further clarity on the subject.
And Feel Free to contact Legal Referee Online Dispute Resolution in India for the simplest of queries/clarification or just say 'hi' and we will be glad to respond.
Difference between online dispute resolution and alternative dispute resolution in India
Alternative Dispute Resolution is the process of providing dispute resolution mechanism through arbitration, mediation and conciliation services. By opting for alternative dispute resolution in India, parties can avoid litigation in courts and can amicably settle the matter between them. The method has been considered as most suitable for resolving all kinds of civil and commercial disputes by Indian courts. The process of providing alternative dispute resolution services online is referred to as online dispute resolution.
The alternative dispute resolution in India can be either ad-hoc or institutional. Under the Ad-hoc method, the arbitrator/mediator is appointed and the alternative dispute resolution mechanism is initiated along with its guidelines at the time of resolving the dispute between the parties. The institutional method of alternative dispute resolution is where a permanent institution is set up having a panel of arbitrators/mediators and guidelines that drive proceedings under alternative dispute resolution in India. Online dispute resolution is similar to the institutional method of alternative dispute resolution where a set of guidelines are established to guide the parties, arbitrators/mediators and the proceedings.
In practice, the proceedings under alternative dispute resolution are made through a fixed place that suits both parties and the mostly conducted by the professional in the locality. With the advent of online dispute resolution in India, the entire proceedings are made available online at the comfort of home and best of the professional from across the country is engaged to provide the best of alternative dispute resolution in India.
ALL YOU NEED TO KNOW ABOUT
ALTERNATIVE DISPUTE RESOLUTION IN INDIA
The concept of online dispute resolution in India has been emerging in various jurisdictions due to globalization and success of Alternative Dispute Resolution in India (ADR). Alternative Dispute Resolution in India provides an alternative to the traditional legal process, which usually involves a court, judge, and possibly a jury to decide the dispute. Online dispute resolution in India has been defined to mean utilizing information technology to carry out Alternative Dispute Resolution in India.
Online dispute resolution in India is a process by which the ease and the benefits of alternative dispute resolution in India are enhanced by allowing the parties to settle the dispute at the comfort of their home. The proceedings are made through video conferences and the agreement and evidence are made online. The issue of territorial jurisdiction is not a matter of consideration where the arbitration clause mentions the same. However, where the parties belong to different places, the online mode will enable the parties to actively participate without much hassle and also drastically reduces the issues and of territorial jurisdiction, travel, paperwork and prompts towards digitization in the economy.
Alternative Dispute Resolution in India or Online Dispute Resolution in India includes the parties involved in mediation, arbitration, and conciliation process. The parties use the web-based technology such as the internet in a variety of ways such as “online,” through email, video conferencing, or both. The parties can also meet in person. The combination of both online and offline services of alternative dispute resolution in India have been found fruitful in settling the disputes through online dispute resolution in India.
There are three main thinks which characterize the nature of Online Dispute Resolution in India (ODR): use of Information and Communication Technology (ICT), implementation of alternative dispute resolution in India and virtual face-to-face meetings.
New to Online Dispute Resolution in India? No worries......We will take care of it. Still not satisfied???...........as a legal literate you wonder the following
- Types of dispute resolution in India
- Technology and online dispute resolution in India
- Trust in online dispute resolution in India
- Binding nature of online dispute resolution in India
- Online dispute resolution in various jurisdictions
- Legislative scheme of online dispute resolution in India
- Issues of jurisdiction in online dispute resolution in India
- And other issues concerning online dispute resolution in India
All the answers to the above questions can be viewed here in detail.
Alternative Dispute Resolution in India
Arbitration, mediation and conciliation are forms of Alternate Dispute Resolution in India and/or online dispute resolution in India. Any disputes between the parties can be remedied without the interference of the court in cost-effective and time-bound manner. Alternate Dispute Resolution in India is a method by which the parties to a dispute, have agreed and decided to settle their dispute among themselves without the intervention of the court. The initiative was welcomed by everyone including the judiciary in light of the pending and ever increases cases before the courts in the country. Basically, any dispute can be resolved through effective negotiation between the parties to the disputes except those explicitly prohibited by law. Such negotiation is possible only if the parties express their willingness to resolve the dispute through Alternative Dispute Resolution in India.
In most cases, the fear, ego, disrespect and other business factors restrain a party from approaching another for alternative dispute resolution in India. Hence, they prefer to claim their right through the legal process which takes ages to complete with certainty with an exorbitant cost involved in it. This creates mental agony to both the parties involved. It also burdens the court.
Through alternative dispute resolution in India, the Indian courts are relieved of the burden of rendering a verdict on a particular issue or a set of issues. The court stands on a different footing with regard to the procedure to be followed when compared to the alternative dispute resolution in India. With the evolution of modern States and sophisticated legal mechanisms the courts run on very formal processes and are presided over by trained adjudicators entrusted with the responsibilities of resolving disputes on the part of the State. The procedure and formalities of justice lead to a tremendous rise in consumption of time and a high number of cases and result in heavy expenditure. Obviously, this led to a search for an alternative dispute resolution mechanism to the process of the traditional civil court for inexpensive, expeditious and less cumbersome and lead to the advent of alternative dispute resolution in India and online dispute resolution in India.
The Arbitration and Conciliation Act 1996, aims at resolving the dispute between the parties privately through alternative dispute resolution in India and without much wastage of time. Its objective is speedy disposal of cases without much expense to the parties. The Act aims for limited judicial intervention and directs the parties to go for arbitration and other alternative dispute resolution services in India on the basis of agreement between the parties.
Section 8 of Arbitration and Conciliation Act, 1996 is peremptory in nature. It is obligatory for the court to refer the case for alternative dispute resolution in India if all the evidence are proved and there is an arbitration agreement and parties has filed an application before the submission of the first statement on the substance of dispute, however, it is completely the discretion of the court whether to refer the case for arbitration or for other alternative dispute resolution in India or online dispute resolution in India.
ONLINE ARBITRATION IN INDIA
Arbitration is one of the methods of Alternative Dispute Resolution which provides for legally binding enforceable decisions through Alternative Dispute Resolution in India. Arbitration is a legally accepted mechanism by which the parties to a dispute by virtue of an agreement, agree to resolve their disputes by a neutral person (referred to as “Arbitrator”). Proceedings of arbitration and the award (decision/judgment) of the Arbitrator is final and is binding upon the parties which can be enforced in the same parlance as that of a Court’s decree, unlike other methods of alternative dispute resolution in India. The arbitration proceedings are generally initiated based on the arbitration clause in an existing agreement or contract or based on the separate agreement entered between the parties to resolve their dispute through arbitration.
ONLINE MEDIATION IN INDIA
Mediation is a voluntary process wherein impartial third person (mediator), helps the parties to reach a mutually beneficial amicable settlement between them. Mediation is one of the methods of Alternative Dispute Resolution in India. Where a settlement/agreement is made and signed by both parties, the agreement becomes a legally binding contract between the parties. However, the agreement itself is not enforceable as an award, judgment, decree or any other order of Court but acts as a binding contract wherein the aggrieved party may sue the other if the other party breaches the terms of the agreement.
ONLINE CONCILIATION IN INDIA
Conciliation process is similar to mediation but the conciliator acts more as a mentor and suggest solutions to the issues that are presented by the parties with a view to create consensus and to resolve any disagreement. The conciliator or mediator frequently provides suggestions and ideas for effective negotiation. The conciliator meets with each party to individually prioritize a list of interested outcome from most to least important. Then goes back and forth between the parties and encourages them to "give" on the issues one at a time, starting with the least important and working toward the most important for each party in turn.
BENEFITS OF ALTERNATIVE DISPUTE RESOLUTION IN INDIA
- CONFIDENTIALITY: When it comes to commercial contracts, Intellectual property or other confidential matter, alternative dispute resolution (ADR) and online dispute resolution (ODR) are preferred over litigation as it is an in-house proceedings which provide privacy and retains the confidential information between the parties.
- SETTLEMENT: Though the outcome of alternative dispute resolution an award (decision of the arbitrator) or settlement/agreement, there exist a good chance of settlement between the parties bringing win-win situation.
- TIME BOUND PROCEEDINGS: The proceedings under Alternative Dispute Resolution in India or Online Dispute Resolution are time-bound and do not drag for years. The arbitrator and mediator are required to pass an award or arrive at an agreement (or decide otherwise) within a period of six months and one month respectively from the date of initiation of proceedings.
- COST EFFECTIVE: The cost of litigation is parallel to the time consumed by it in courts. Through the introduction of alternative dispute resolution in India, the cost for resolving has steeply reduced. Further, through Online Dispute Resolution in India, the cost of resolving the dispute is further reduced while bringing more comfort. Unlike litigation, a fixed fee is charged bringing about certainty in the cost involved to enable the parties to decide upon their willingness to undertake such proceedings.
- FLEXIBILITY: The proceedings under alternative dispute resolution in India does not require full-fledged compliance of the Code of Civil Procedure, 1908 and Evidence Act, 1872. The procedures are made flexible to ease justice rendering mechanism.
- RETAIN CORDIAL RELATION: By opting to Alternative Dispute Resolution or Online Dispute Resolution mechanism, the parties can maintain their cordial relation with each other without having much impact on their commercial or professional relation.
- REPUTATION: Where some cases are pending before any person, individual or corporation, it may bring about some loss of reputation of the person or the institution. For example, a defect in a product or deficiency of service has a serious impact on one’s business. The adoption of Alternative Dispute Resolution in India or online Dispute Resolution in India would save any person from such loss of reputation in the market.
- END OF LITIGATION: The adoption of Online Dispute Resolution in India and more specifically arbitration as one of the modes of alternative dispute resolution brings finality to any legal proceedings and restrict further appeal of the order passed by the arbitrator. While other methods of alternative dispute resolution in India such as mediation and conciliation creates clear, unambiguous, legally binding, enforceable agreement between them to avoid future disputes.
- CONVENIENT PROCEEDING DATES: The convenient date and time can be chosen by the parties themselves rather than court fixing the same under Online Dispute Resolution in India. Since the date and time are accepted by the parties themselves, the chances of adjournments or other forms of causing delay are remote in Alternative dispute resolution in India.
- EXPERT KNOWLEDGE: The person who convenes the proceedings under online dispute resolution which may be either arbitrator, conciliator or the mediator will mostly be an expert in the field of the dispute dealt by them including knowledge in Alternative Dispute Resolution in India which facilitates ready-made guidance and personalized amicable solution based on the given facts and circumstances of the case.
Application of Alternative Dispute Resolution in India
Legal Referee online dispute resolution in India facilitates settlement of disputes online on all civil disputes with specific reference to the following:
- Commercial disputes
- Consumer disputes
- E-Commerce websites
- Employment Contracts
- Real Estate
- Intellectual Property
- Negotiable instruments
Online Dispute Resolution (ODR) on Commercial Disputes
The kinds of disputes that may arise in a business cannot be foreseen. It can be a mere breach of contract or protection of intellectual property or the joint venture or online contacts or a cheque bounce and the list goes on. Time is the essence of any business and so is justice. All matters relating to contracts between individuals subject to application of appropriate law can be settled in a time-bound manner at the reasonable cost by opting to online dispute resolution in India / Alternative Dispute Resolution in India.
Online Dispute Resolution (ODR) on Consumer Disputes
The lack of certainty in time and cost involved, the number of travels, the reputation involved, the status of the cases and uncertain verdict haunts all the parties involved in the litigation. The number of the businesses and the goods and services provided by them is ever increasing and so the cases are increased proportionately. The consumer dispute is always a costly affair unless a separate legal team is constituted for this purpose. This may also threaten the funding of the business or its reputation in the market and may even extend to cause doubts on the genuinty of the good and/or services provided by the entity. The compensation claimed in the consumer courts are generally exaggerated and can be mostly settled without much financial pinch under alternative dispute resolution in India taking into consideration the uncertainty on litigation cost, travel, the verdict of the court etc. Taking into consideration the difficulties faced by the individual and the small and medium-sized business enterprises, it is advisable to amicably settle the matter through alternative dispute resolution in India / online dispute resolution in India such as mediation and arbitration rather than time-consuming court proceedings which only an established enterprise can afford. Hence it would be preferable to opt for Alternative Dispute Resolution in India or Online Dispute Resolution in India to overcome the limitations of litigation.
Online Dispute Resolution (ODR) for E-Commerce Website
There are various kinds of online businesses and the ways to transact such business which makes the remedy diverse. The website generally provides a mail ID to which any grievance could be sent or forms available in the site for this purpose. For E-Commerce sites, all users are its customers and mostly serves one another. For instance, Mr. A purchases a mobile from Mr.B from the website XYZ. Both Mr.A and Mr. B are users/customers of website XYZ where A is the buyer and B is the seller. All the users are customers of the site and the site is required to have its users verified as it cannot create a platform for fraudulent activities. Hence, it is important for the every E-Commerce website to provide an online dispute resolution mechanism to decide on such transactions impartially by an independent organization through alternative dispute resolution in India.
It is a flawed belief that website gets a clean chit by shifting the liability to another and remain a mere platform to the transaction(s). The undisputed fact remains that website may provide a platform for such event to happen. However, by involving themselves in the issues of its customers and actively participating in getting an effective remedy through alternative dispute resolution, the website will be able to retain and gain more genuine and loyal customers in addition to bringing to light the defrauders and disqualify them, wherever required. This brings customer satisfaction to genuine users and ultimately gains better reviews and customers to the website in the long run.
Online Dispute Resolution has gained popularity in resolving e-commerce disputes among businesses and consumers through application for alternative dispute resolution in India. Some of the e-commerce companies provide Online Dispute Resolution as a service to customers. A growing number of organizations exist that provide Online Dispute Resolution services for consumers and e-commerce businesses.
Online Dispute Resolution (ODR) on Employment Related Matters
The majority of the employment contracts include an arbitration clause and in practice, most of the clauses will appoint an official of the employer as an arbitrator. The award passed by such person would not stand in the eye of law due to his vested interest with the employer and is violative of the principles of natural justice. The employee, on the other hand, has to approach different boards and courts to redress their grievance where the issues can be easily negotiated. It may be compensation, theft of IP, non-compliance of notice period and so on. The platform of online dispute resolution in India or alternative dispute resolution in India with an expert guidance will be handy to bring about a reasonable solution and to retain the cordial relation between them.
Online Dispute Resolution (ODR) on Real Estate Disputes
The disputes relating to purchase and sale of property, ownership, rent, lease, mortgage, construction, joint development agreement falls under the category of real estates disputes which can be resolved through online dispute resolution in India. The importance and the value attached to real estate properties are of great significance. Alternative dispute resolution in India helps the parties to avoid decades of litigation in a cost effective manner and to maintain cordial relation.
Online Dispute Resolution (ODR) on issues relating to Banking Transactions
The issue of cheque bounce, bill discounting and such other disputes between individual parties and/or the banks can be amicably settled through online dispute resolution in India or Alternative Dispute Resolution in India at the comfort of home. Even in this era of digitization, the use of negotiable instrument seldom decreases as it becomes a day-to-day affair of any business organization to make and receive payments. Though the dispute may appear grave, the clarification of the misunderstanding would retain the cordial business relation.
Online Dispute Resolution (ODR) on Intellectual Property Disputes
Under intellectual property we have different heads such as patent, trade secret, designs etc which has to be protected and must be kept private and confidential. Such information remains private and the confidential when the parties opt for alternate dispute resolution in India. Also, the intellectual property can be copied anywhere in the world and the owner of the intellectual property cannot be present to monitor the proceedings to protect such intellectual loss. However, through online arbitration, mediation or conciliation, the parties will be in a position to directly participate or monitor the proceeding to their satisfaction and can sue or be sued without territorial limits.
In today's world, intellectual property is emerging as one of the most valuable commodities in the global market, as in many ways than one, the global economy has come to be dependent on technology invariably increasing the importance of its protection through Intellectual Property Laws. Resultantly, various nations around the globe have entered into multilateral treaties which have mechanisms to increase the protection of intellectual property. Arbitration and Mediation mechanisms have been outlined in recent multilateral agreements with the recognition that traditional litigation is no longer the most viable means of settling international intellectual property disputes.
The intellectual efforts of the creators of intellectual property are valued on the basis of the sign of the rights affixed to ‘intellectual output’. Intellectual property protection provides a pointer to the creator to exert his powers over third parties, who, without his permission, try to use the fruits of his labor. The rationale for the creation of rights gets defeated if they cannot be enforced. The owners of intellectual property have to be their own watchdogs and take recourse to the Courts for the infringement of their rights. Indian Courts have taken a giant dive towards the development of an intellectual property regime in India; however, the available resources could be put to better and proper use by the Courts in India if the alternate dispute resolution in India is deployed. Matters related to patent law and copyright law, which involve intersection with science and an understanding of technology, need special adjudicating officers, who can comprehend the interdisciplinary nature of the case at hand with sufficient ease. The limited nature of protection given to the owner of intellectual property rights, call for developing mechanisms to execute immediate and swift justice.
Online dispute resolution in India offers several advantages:
- A single procedure. Through online dispute resolution in India, the parties can agree to resolve in a single procedure a dispute involving intellectual property that is protected in a number of different countries, thereby avoiding the expense and complexity of multi-jurisdictional litigation, and the risk of inconsistent results.
- Party autonomy. Because of its private nature, Online Dispute Resolution in India affords parties the opportunity to exercise greater control over the way their dispute is resolved than would be the case in court litigation. In contrast to court litigation, the parties themselves may choose the applicable law, place and language of the proceedings. Increased party autonomy can also result in a faster process, as parties are free to devise the most efficient procedures for their dispute. This can result in material cost savings.
- Neutrality. Online Dispute Resolution can be neutral to the law, language and institutional culture of the parties, thereby avoiding any home court advantage that one of the parties may enjoy in court-based litigation, where familiarity with the applicable law and local processes can offer significant strategic advantages.
- Confidentiality. Online dispute resolution proceedings are private. Accordingly, the parties can agree to keep the proceedings and any results confidential. This allows them to focus on the merits of the dispute without concern about its public impact and may be of special importance where commercial reputations and trade secrets are involved.
- Enforceability of Awards. The United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards of 1958, known as the New York Convention, generally provides for the recognition of arbitral awards on par with domestic court judgments without review on the merits. This greatly facilitates the enforcement of awards across borders.
WHY LEGAL REFEREE ONLINE DISPUTE RESOLUTION
Legal Referee is an online grievance redressal platform to resolve and/or decide the disputes between the parties through alternative dispute resolution in India and more particularly through online dispute resolution in India. The firm is first of its kind in India providing full-fledged service on online dispute resolution services in India. Because we believe in experience and expertise, we primarily focus on alternative dispute resolution services in India and its related ancillary services.
Online dispute resolution in India provided by Legal Referee is primarily alternative dispute resolution mechanism online and includes online arbitration in India, online mediation in India, online conciliation in India and such other dispute resolution services in India.
Arbitration is the field in which the best services cannot be offered by a law firm without the support and co-operation of experts from various fields of law such as consumer affairs, intellectual property, real estate, commercial contract etc. We have the team, expertise and experience to provide the service promised to our customers.
India is one of the few countries in the world having diversity even in court procedures. Hence it is necessary in India, to involve local lawyers to derive best and affordable services. The firm has a strong network of lawyers with sufficient exposure to online Dispute resolution in India and related litigation services spread across the country covering majority of the States in India. We ensure professional and international standard management and hence become the best choice for the clients seeking alternative dispute resolution in India.