H.K. ADR PROFESSIONALS

INSIGHTFUL DISCUSSION| EFFECTIVE SOLUTION 

H.K. CHATURVEDI (MANAGING PARTNER H.K. LAW OFFICES), A PANEL ARBITRATOR AT DELHI INTERNATIONAL ARBITRATION CENTER AND SENIOR MEDIATOR AT DELHI HIGH COURT MEDIATION CENTER

ALTERNATIVE DISPUTE RESOLUTION AT H.K. LAW OFFICES

Alternative Dispute Resolution is not seen as an alternative process any longer. It is considered as need of the hour taking note of huge pendency of cases in courts and hesitance in approaching courts physically due to Covid- 19, ADR has now become one of the foremost methods of resolving disputes, whether they arise in trade or commerce, business or family. We, at H.K. ADR Professionals provide a platform to resolve pre-litigation conflict.

The mission of ADR Professionals at H.K. Law Offices is to bring justice to the doorsteps of the people. It is meant to provide an opportunity for the aggrieved to participate in the prevention and early intervention of conflicts as an alternative to institutional litigation mechanisms. We aim at promoting social harmony and access to justice for an ordinary person in a consensual and humanistic way against the background of adversarial system of judging who is right and who is wrong. We resort to the approach- for the people; of the people and by the people. The intention is to create a culture of resolving conflicts in collaborative method founded on traditions of dialogue, interests, and needs. This will promote peace and harmony in the society and empower the people to deal with conflicts. Empowering the people through this mission can collectively produce spectacular results.

We are dedicated to promoting amicable and fair settlement of disputes with an aim to create an environment in which people can work together to find enduring solutions to conflicts and tensions. We provide facilities for alternative dispute resolution (ADR), which includes international and domestic commercial arbitration, mediation/ conciliation, and negotiation.

WHY ADR (Alternative Dispute Resolution)?

Speedy disposal– ADR proves to provide speedy disposal and resolution of conflict and saves a lot of time in comparison to formal litigation in court, considering the high pendency of litigation, where cases take years to be listed, ADR is seen as an effective and speedy approach, resolving any nature of dispute.

Client convenient– ADR proves to be client convenient method for dispute resolution as it is a less formal procedure, can be resorted at pre-litigation stage and puts the clients in control of the procedure and reduces stress from formal court appearances.

Cost-effective– ADR is always cost-effective method as stages of litigation includes high fees for filing appeals, drafting petitions, arguments and other formal proceedings like trial, evidence, various application filed at different stages etc.

More accessible and confidential– ADR is more accessible by people as it is client friendly and keeps the proceedings confidential. People who cannot afford high court or legal fees can still access a dispute resolution mechanism.

WHAT DO WE PROVIDE?

We are dedicated to promoting amicable and fair settlement of disputes with an aim to create an environment in which people can work together to find enduring solutions to conflicts and tensions. We provide facilities for alternative dispute resolution (ADR), which includes international and domestic commercial arbitration, mediation/ conciliation, and negotiation.

PLATFORM FOR NEGOTIATION OR BE YOUR NEGOTIATOR –

The concept of Negotiation refers to a form of indirect communication which takes place between the parties in order to attain a common ground of interest. The main motive of negotiation is to make sure both the parties arrive at an amicable settlement which is in benefit to both the parties, without interference of any third party. The word “negotiation” was derived from the Latin expression “negotiates” which means the carry on business”. When there is simple exchange of views and issues which the parties of concerned, it helps them to arrive at a reasonable ground which would ultimately be beneficial to the disputing parties.

We provide a platform for negotiation and also provides trained negotiators to negotiate on your behalf as effective negotiation requires skills and special training. Since the process of negotiation is not governed by any laws, regulations or stringent procedures which are necessarily to be followed, the concerned parties are at liberty to conduct negotiation process in any manner which they deem fit and just. The ultimate aim is to create an environment and mindset between the parties where they keep aside their differences and create a new bond from thereon to accomplish the task in hand. The autonomy and exchange of communications and dialogues between the disputing parties are one of the major elements of a successful negotiation.

It is because of the these issues which are faced by the parties, we encourage to assist and resolve the disputes which may be dealt and decided more conveniently and swiftly by way of negotiation, as it remains more effective and encourages in maintaining the relationship between the individuals.  Therefore, we aim to resolve disputes amicably at pre-litigation stage. Parties can also opt for:-

NEGOTIATION- MEDIATION: This involves giving a space & platform to parties in order to negotiate and if they are not able to arrive at any amicable settlement themselves, they will be referred to Mediation where a third party i.e. Mediator will facilitate the whole process and seek to resolve the conflict between parties by engagement in their conversation and suggesting effective solutions.

NEGOTIATION- ARBITRATION: This involves giving a space & platform to parties in order to negotiate and if they are not able to arrive at any amicable settlement themselves, they will be referred to Arbitration where a third party i.e. Arbitrator will conduct the proceedings which are expeditious & less formal than traditional litigation and will pass an arbitral award, deciding the dispute on the arguments, claims, defence’s and evidences presented. 

CONCILIATION MECHANISM-

Conciliation is a process which is governed and evaluated by the under the legislation and forms a crucial part of ADR mechanism. It is a form of outside court settlement where an impartial third party, who is known as a conciliator, is party of talks between the disputing parties in order to assist them in reaching a mutual settlement.

The main motive behind the conciliation is to help the parties arrive and a reasonable ground with the help of a third impartial party who acts as a liaison in order to overcome the dispute impartially. Even though the process is completely outside the scope of courts, it still has made its mark under the Arbitration & Conciliation Act, 1996, which broadens the scope and ambit of conciliation upon all the parties where the dispute can be solved speedily, amicably and outside the court rather than spend hefty expenses in court proceedings. This being complete voluntary procedure, when parties are ready to move and outcome of the process is also controlled by parties.

The importance and requirement of the parties for a reasonable and amicable settlement is an art which we have been doing for many years through our partners and their experience is different ADR fields. We understand and dedicate out professional practice to enlarge the scope of individuals from the issue to an environment of togetherness and generosity. It is because of the enormous scope of domestic as well as international redressal mechanism, we are able to assist the parties from using their resources effectively and in yielding the most out of their stand.

MEDIATION MECHANISM-

Mediation has been a practice which is prevailing in the country ever since the Vedic period and has been brought along from our sacred history into our present in different forms but keeping the foundation intact. It is considered to be form of dispute resolution mechanism where a person known as mediator, mediates the disputes between the parties and by regular discussion and interaction of the mediator with the parties individually or as a whole. It is one of the crucial parts of Alternate Dispute Resolution Mechanism as the mediator assists the parties to remove differences, minimize misunderstandings and explore the areas of compromise and settlement.

With the exposure in the field of mediation in Delhi High Court, we provide best output by maintaining the relation of parties and keeping the interest of individuals during any given settlement. Being the professionals, we endeavour in providing the paramount ADR resolution prospects, unparallel to any other legal assistance.

ARBITRATION-

Every mechanism must have superior authority which makes sure that it lays down guidelines and provisions for other related aspects. The same goes with the concept of Alternate Dispute Resolution. The biggest issue which parties face in case of other ADR mechanisms that the same are not binding on the parties and either party is free move out of the procedure or arrangement at any given point of time. But the same does not apply in case of settlement through Arbitral Proceedings.

Arbitration is form of recourse or ADR mechanism, which is adopted by the parties through an agreement, where a party refers the dispute to an arbitrator(s) who acts as the decision making authority in the proceedings. In India, Arbitration Proceedings are governed by the Courts and followed by the institutions in accordance with Arbitration and Conciliation Act, 1996, which lays down provisions governing appointment of arbitrators, interim and final awards and appeals thereon. 

The expertise and experience of being the panel arbitrator to one of the esteemed Delhi International Arbitration indeed uplifts the standard and help us in delivering the utmost practical solution and awards for any dispute between the parties.

One can also opt for-

Mediation- Arbitration: This refers to the process of conducting mediation first and if parties could not reach to any settlement then the Arbitration process takes place which provides a definite outcome to the dispute. It is aimed at providing a scope of settlement through mutual understanding which if fails turns to definite outcome in form of Arbitral Award. 

Online Mediation/Arbitration: In times of covid-19, the physical proximity is discouraged by many clients, due to which we provide an online platform to resolve your conflicts at any stage of litigation and helps in speedy dispute resolution.

WHAT RULES WE ADOPT?

We adopt established rules of Delhi High Court which are-

DIAC (Arbitration Proceedings) Rules 2018- 

MEDIATION AND CONCILIATION RULES, 2004- 

WHY TRUST US?

H.K. LAW OFFICES, a leading law firm, contributing to betterment of society and growth in the field of litigation for the past 26 years, working is various fields of law such as Criminal, Corporate, Civil, Intellectual Property Rights, Industrial & Labour, International Commercial and Arbitration Laws. We have also established a bench- mark in Social Welfare by providing free legal assistance in more than 1000 cases. Now, we aim to provide a platform for reaching effective solutions even at pre-litigation stage by introducing various Alternative Dispute Resolution mechanisms with H.K. ADR PROFESSIONALS.

OUR FOUNDING MEMBER-

H.K. CHATURVEDI, MANAGING PARTNER, ADVOCATE SUPREME COURT OF INDIA

Mr. H.K. Chaturvedi, an erudite in legal field, having expertise in the sphere of Corporate, Criminal, Civil, Labour & Industrial, Intellectual Property Rights and International Commercial & Arbitration Laws. He is a practicing lawyer having over 27 years of experience and is designated as Advocate-On-Record in Supreme Court of India.

He is a Senior Mediator in Delhi High Court Mediation Center, being in the Panel since 2006 and has settled more than 1000 cases till now.

He is also Panel Arbitrator in Delhi International Arbitration Centre. He has also been appointed as Sole Arbitrator by the Court of Law and Parties in various instances.

For more information, contact us. 

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