What are Arbitration and Mediation?

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You may be wondering what is a settlement agreement in ADR?

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Mediation is where parties accept and engage in a negotiating procedure for resolving the issues. In this, an unbiased, independent third party is the mediator who assists the parties.

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The mediator identifies the key concern of the dispute and helps the parties to reach a mutual settlement. Mediation is either court-ordered or voluntary, depending on the kind of dispute. Mediators act as independent parties who help the parties discuss and resolve matters. They inform the mediation procedure, identify issues, and help the parties to devise a solution among themselves culminating in to a settlement agreement which is mutually acceptable.

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In contrast, Arbitration refers to a private method of resolving disputes based on the already existing agreement between the disputing parties. In India, the Arbitration and Conciliation Act of 1996 regulates it. Here, parties have the right to select one or more odd-numbered independent and unbiased persons as Arbitrators. This decision is made through a mutual decision by both parties to select arbitrators. This third party will study the situation and listen to both parties arguments.

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The arbitrator will also evaluate the evidence and make a recommendation for the case. Their award will be final and binding on both parties to follow.

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What is the Difference Between Mediation and Arbitration?

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Mediation and arbitration are both used interchangeably. However, even if both alternative dispute resolution (ADR) forms are compared, there is a difference. These processes are inexpensive, private and less time-consuming than a lengthy court battle.

Mediation and arbitration are similar in that both bring the parties in conflict to resolve the matter amicably so as not to end the existing business relationship between them. And the process is outside the courtrooms with less jargon. An Arbitration tribunal shall not be bound by the Code of Civil Procedure 1908 or the Indian Evidence Act, 1872. Further, it’s good to have mediation lawyers in Chennai! But both offer uniqueness and ways of doing it.

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Mediation Focuses on Voluntary Solutions

Both parties seek a third-party suggestion with or without counsel. The mediator facilitates a conversation and clarifies both sides. Parties control the entire process of when, where, and who can attend the meeting.

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Mediation is also less expensive and relatively faster than court matters.

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It is a confidential proceeding in a less intimidating environment. In many proceedings, both parties are physically separated in different rooms! The mediator speaks with one party at a time and frequently shuffles to other parties throughout the mediation.

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Arbitration Relies on a Neutral Third Party Decision

Similar to the mutual mediation settlement agreement between the parties, the arbitration tribunal uses a neutral third-party Arbitrator(s) to conclude the matter. The arbitrator resolves the conflict between both parties outside the courtroom—the arbitrator act as a private judge. They examine the contract, evidence, facts, and arguments and determine the case’s outcome. They are a judge in control over the process, unlike mediation.

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The arbitrator rules the dispute’s outcome and acts as the primary person whose judgement will be binding on both. You’ll find most of the Arbitrators to be flexible and work around your schedule. They are usually less formal regarding a court trial, but their final decision is final. It will apply to both sides of the party, and the opportunity for appealing after binding the decision is very rare.

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Do I Need a Lawyer for My Arbitration or Mediation Case?

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A legal proceeding in court may affect your rights. In binding arbitration, clients don’t get a second chance or any opportunity to appeal. If the outcome isn’t favourable, it will be the client’s loss.

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It can be challenging to present your case solidly without legal advice. Your Arbitration/mediation lawyers can support you in arguments and provide tips on how to act, what to speak, and represent yourself.

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Without a lawyer, the chances of another party winning are always high. Another party may have good arbitrators in contact, which can affect your case and bring you no good.

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If you are tense about the negative impact of your outcome, you may not need a lawyer. But, when you know the outcome can impact your life miserably, you need one. It might cost you to lose money, a job, or anything important, and lawyers will practically put you in a safer situation.

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Services Our Mediation and Arbitration Lawyers in Chennai Provides

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If you need assistance in terms of mediation or arbitration, we, the trained professional Arbitrators/Mediators in Chennai, provide specialized services. We address the legal desires and needs of our clients. We are a well-recognized team of professionals who are keen to resolve disputes. The lawyers with us understand how arbitration and mediation save time and money. Plus, it also tends to resolve the conflict without making it worst. We set high standards in terms of ethics and work promptly and effectively.

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1. We help clients formulate trustable strategies to come to a practical solution.

2. We assist clients seeking urgent results to avoid court and tribunal proceedings.

3. We document and represent your case well so that you are safer and more secure.

4. We assist in the entire process, be it arbitration or mediation, and bring you a fair settlement.

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Consult with Our Experienced Arbitration / Mediation Lawyers in Chennai

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Our legal solutions are tailored as per the requirement of our clients. We aim to expand the services by not just serving locally but across the globe.

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Arbitration and mediation is a process that takes an efficient understanding of both the party’s points of view. We act as responsible lawyers from your side and represent you accordingly, and we tend to provide you with constant legal advice.

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Our services include handling challenging and complex cases and providing valuable solutions.