Guide to mediation and arbitration as alternative dispute resolution methods in Asansol. Learn about the Arbitration and Conciliation Act, mediation process, Lok Adalat, and how a lawyer can help with ADR.
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Mediation is a non-binding process where a mediator helps parties reach a mutually acceptable settlement. Arbitration is a binding process where an arbitrator makes a decision that is enforceable as a court decree.
Under Section 89 of CPC, courts can refer disputes to mediation before trial. The Supreme Court has encouraged courts to explore mediation. Some family courts make mediation mandatory.
Arbitration is faster than litigation — typically 6-12 months compared to years for court cases. The Arbitration Act requires the award to be made within 12 months, extendable by 6 months.
Lok Adalat is a people's court where disputes are settled through compromise. It is held periodically at Asansol Court. Decisions are final and binding. No court fees are charged.
Yes, an arbitration award can be challenged under Section 34 of the Arbitration Act on limited grounds — incapacity of parties, invalid arbitration agreement, lack of proper notice, or violation of public policy.
Family disputes, property disputes, commercial disputes, consumer complaints, and civil cases are suitable for mediation. Criminal cases involving compoundable offences can also be mediated.
In mediation, the mediator facilitates a settlement but does not impose a decision. If the parties reach a settlement agreement, it is signed by them and is binding as a contract.
A lawyer can advise on whether ADR is suitable, prepare the case for mediation/arbitration, represent you during proceedings, draft settlement agreements, and enforce the award or settlement.
Contact Advocate in Asansol today for expert legal advice. With years of experience at Asansol Court, we provide reliable legal representation for all your matters.
Asansol Court, Asansol, West Bengal - 713301