Conciliation Lawyer Help To Solve Disputes Out Of Court

by LegalCook Advocates & Solicitors LegalCook Advocates & Solicitors - Lawyers in Bang

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 form

If 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. 

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Created on Oct 19th 2020 23:59. Viewed 312 times.

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