Alternative Dispute Resolution (ADR)
provides a way to resolve business disputes without the need for costly
proceedings. A common type of ADR is an adjustment.How does the conciliation work?LegalCook’s Conciliation involves an independent
lawyer who facilitates communication between two disputed parties to reach
resolution.What is the procedure?When the parties agree to solve case
outside the court, an independent lawyer is appointed. They discuss the issue,
try to help the parties reach an agreement, evaluate the situation and various
discussions, and often give their own opinions. Your opinion will help you
reach a controversial agreement or reach a conclusion.It is important to note that the
adjustment process is completely optional. Successful results depend on mutual
agreement, and both parties are free to withdraw at any time.What is the role of the conciliator?Conciliation
lawyers in Bangalore do
not need specific training, but some have the legal experience to help with
specific disputes.The job of the conciliator lawyer is
primarily to facilitate communication between the parties in conflict and guide
them towards an agreement. They can usually consider the position of each
party, unlike mediation, comment on the merits of each discussion, and
recommend fair outcomes (e.g., terms of settlement).Is it a legally enforceable decision?After the Conciliation
lawyers in Bangalore have made a proposal, it is the party's
responsibility to decide whether or not to accept the proposal. You cannot
impose the conciliator's suggestions or opinions. If an agreement is reached,
it must be in writing to be legally binding.Arbitration is a more formal type of
ADR, with court proceedings and arbitrator decisions. Mediation and
reconciliation are less formal procedures and focus on facilitating
communication to resolve disputes. Conciliation includes valuation methods and
recommendations, but brokers tend not to make a settlement.When is the conciliation appropriate?LegalCook Conciliation lawyer can be used in
various situations, but it is most commonly used in employment law disputes.What is the Early Conciliation
process?This includes:Submit the pre-adjustment
notification formIf both parties agree, adjustments
will be made. Adjustments must be completed within one month (14 days extension
from the date the notification form is submitted).If either party disagrees or the
mediation does not work, it will provide a certificate of pre-arbitration. This
is required to present the claim to the Labour Court.Main benefits
- The
settlement guarantees the autonomy of the parties. - The
parties can choose the time, language, location, structure, and content of
the mediation process. - The
settlement guarantees the experience of the decision-maker. - The
parties are free to choose the lawyer. The lawyer does not need to receive
any specific specialized training. The parties can choose based on the
following criteria: Experience, professional, and/or personal expertise,
availability, language, and cultural skills. The lawyer must be fair and
independent. - Adjustments
are time and cost-efficient. - The
informal and flexible nature of the arbitration process is cost-effective
to carry out. - Conciliation
guarantees confidentiality - The parties usually agree
to confidentiality. Therefore, disputes can be resolved carefully, and trade
secrets are kept secret.