#Overview

Our alternative dispute resolution (ADR) practice helps parties resolve conflicts outside traditional court litigation through arbitration and mediation. These processes are faster, more flexible, confidential, and often more cost-effective than lengthy court proceedings.

#Our ADR Services

#⚖️ Arbitration

• Domestic arbitration proceedings
• Arbitration agreement drafting
• Arbitrator appointment assistance
• Representation during arbitration
• Arbitration award enforcement
• Setting aside arbitration awards

#🤝 Mediation

• Commercial dispute mediation
• Family dispute mediation
• Property dispute mediation
• Workplace conflict mediation
• Mediation representation
• Settlement agreement drafting

#📋 Conciliation

• Conciliation proceedings
• Pre-litigation conciliation
• Court-referred conciliation
• Settlement negotiation
• Conciliation agreement documentation

#🏛️ Arbitration Litigation

• Section 34 applications (setting aside)
• Section 9 applications (interim measures)
• Section 11 applications (appointment)
• Section 17 applications (interim orders)
• Appeal against arbitration orders

#📝 ADR Documentation

• Arbitration clauses in contracts
• Arbitration agreements
• Terms of reference
• Settlement agreements
• Mediation and conciliation agreements

#Why Choose ADR Over Litigation?

#Speed

Arbitration and mediation typically resolve within 6-18 months versus 3-10 years for court litigation.

#Cost-Effective

Lower overall costs compared to prolonged court litigation with multiple appeal stages.

#Confidentiality

Proceedings remain private and confidential, protecting business reputation and sensitive information.

#Flexibility

Parties can choose arbitrators, procedures, and timelines unlike rigid court processes.

#Relationship Preservation

Less adversarial approach helps maintain business and personal relationships.

#Arbitration Process

#1. Arbitration Agreement

Review of arbitration clause in contract or drafting of arbitration agreement between parties.

#2. Arbitrator Appointment

Assistance with selecting and appointing qualified arbitrator(s) with relevant expertise.

#3. Statement of Claim/Defense

Drafting comprehensive statement of claims, defenses, and counter-claims with evidence.

#4. Hearings & Arguments

Representation during arbitration hearings, examination of witnesses, and legal arguments.

#5. Award & Enforcement

Obtaining arbitration award and assistance with enforcement through court if necessary.

#Common ADR Matters

• Commercial contract disputes
• Partnership and shareholder disputes
• Construction and real estate disputes
• Family and matrimonial settlements
• Employment disputes
• Property partition matters
• Recovery disputes
• Intellectual property disputes
• Service agreement conflicts
• Business dissolution matters

#Recent Success

Commercial Arbitration: Successfully represented company in ₹2 crore contract dispute, securing favorable award within 14 months.

Mediation Settlement: Facilitated complex family property dispute settlement saving parties years of litigation costs.

Award Enforcement: Successfully enforced domestic arbitration award through court proceedings within 6 months.

#Legal Fees & Consultation

We offer competitive ADR pricing:

• Initial Consultation: Case assessment and ADR suitability
• Mediation Representation: Session-based or case-based fees
• Arbitration Representation: Based on dispute value and complexity
• Arbitration Litigation: Court appearance and application fees
• Success Fee: Available for select matters

#Frequently Asked Questions

What is difference between arbitration and mediation? Arbitration involves neutral arbitrator giving binding decision; mediation involves mediator facilitating mutual settlement.

Is arbitration award binding? Yes, arbitration awards are binding and enforceable like court decrees with limited grounds for challenge.

How is arbitrator appointed? Parties can mutually select, or apply to court under Section 11 of Arbitration Act for appointment.

Can I go to court after failed mediation? Yes, mediation failure doesn't prevent court litigation. You can proceed with regular legal action.

What disputes cannot be arbitrated? Criminal matters, matrimonial status, insolvency, and certain other matters cannot be referred to arbitration.

#Contact Our ADR Team

Resolve disputes efficiently through alternative dispute resolution.

ADR Consultation:

• Phone: +91 98978 70644
• Email: legal@ashutoshgulati.com
• WhatsApp: +91 9897870644

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