JustAct Corporate Short Training Program aims to provide corporate managers an exposure to the emerging world of mediation to analyze its efficacy & applicability in their corporate disputes.
Alternative Dispute Resolution (ADR) refers to any means of settling disputes outside the courtroom. Various kinds of processes and techniques are applied here to resolve a dispute without going on the road of litigation. ADR, in recent years, has become an alternative to litigation.
The basic difference between Online arbitration and litigation is that the court is involved in the case of litigation whereas in arbitration, a settlement between the parties is reached outside the court. Though litigation has been the primary method of obtain justice in India, people have started switching to ADR due to various reasons such as its flexibility, offered privacy, lower cost and speedy nature.
Bringing forth the voice of battered women who have faced difficult circumstances is the need of the hour and ADR, with its streamlined mechanism and effective negotiation practices has the resources to provide for it. The system of Alternative Dispute Resolution came into existence due to the failure of the traditional court system to resolve disputes online effectively and efficiently. The total number of pending cases in India as of Feb. 1, 2020, was 3.65 crore, which clearly showcases that the courts are already over-burdened with a huge backlog of cases and there is a need for an alternative platform to settle dispute resolution arising in the future.
There are multiple reasons for women to choose ADR over litigation process to resolve their problems successfully. Some of them are highlighted as follows:
- Confidentiality: Arbitration is strictly private and confidential. The proceedings of a case in an arbitration setting are not subject to public records and are generally held in privacy away from public scrutiny. The confidentiality within the process makes it easier for women to speak about private matters, especially in sexual harassment cases.
- Although Section 228A of the Indian Penal Code clearly states that rape victims or survivors of other sexual offences prescribed by law cannot be identified without explicit permission, the legal prohibition continues to be violated and the privacy of the victim is breached.
- The victim and her identity need to be protected and to make this possible, we need a more informal process which is confidential and does not involve public opinions and interferences.
- Cost factor: The cost and expenses incurred in an arbitration process are not much as compared to the process of litigation. The primary reason for lower cost of ADR is that most proceedings take lesser time than a lawsuit in a court, which results in it being quite inexpensive for people.
- In the present time, though the gender pay gap has dropped substantially, many women still face hurdles in accessing finances and legal advice unlike men. Lack of resources can have a negative impact on a lawsuit filed in the court of law. ADR is a way to overcome these difficulties faced by women and give them a fair chance to claim and fight for their rights.
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Online Dispute Resolution(ODR), Dispute Resolution, Online Dispute Resolution in India, Arbitration Dispute Resolution, Resolve Disputes online, Online Mediation, Dispute Resolution Online, Online Arbitration, Mediation Services, Online Mediation Courses, Arbitration Mediation and Conciliation, Negotiation Mediation and Arbitration
Pre liberalization, competition law in India was governed by the Monopolies and Restrictive Trade Practices Act, 1969 (“MRTP Act”).
Based on principles of ‘command and control’, the MRTP Act was enacted to prevent concentration of economic power in the hands of a few, control monopolies and to prohibit monopolistic, restrictive, and unfair trade practices.
It was only in the 1990s when India transitioned into a free market-based economy that the need for an effective competition law regime arose.The MRTP Act was repealed since it had outlived its effectiveness and purpose and the Competition Act, 2002 (“Act”) was enacted to replace it.
However, substantive provisions of the Act relating to competition law enforcement came into force only on 20th May 2009.
The Competition Commission of India (“CCI”) was established to enforce the provisions of the Act with the overarching objectives of preventing practices having an adverse effect on competition in India, promoting and sustaining competition in markets, protecting the interests of consumers, and ensuring freedom of trade.Tatva Legal, Hyderabad provides comprehensive dispute resolution related legal services and our team of experienced lawyers have advised on a multitude of litigations involving complex matters of law, amongst other services.Read More : https://tlegal.com/blog-details/who-can-be-david-to-bring-down-goliath
I’m Michigan Real estate and finance attorney David Soble.
Today we are answering a question from a homeowner in Clarkston concerning a mortgage dispute.
He’s seeking a “mortgage resolution” to his problem.
