Out of court settlement
- Thread starter tulip
- Start date
CyberKing
Domain Investor
There always is and in fact it is a preferred approach by most judicial systems around the world. In India it is called ADR or Alternate Dispute Resolution and can be initiated by either party via a verbal request at any court date of hearing or via a memo. If the opposite party agrees then the ADR path begins from the next session date mutually agreed and presided by the Judge (slightly informal ambience)...it can also be referred to mediation process outside the formal courts.
tulip
Active Member
I think that the ADR is the best alternative and that people should pursue the normal court process when everything else has failed. It saves time and agreements can be reached at easily.
Foroux
Member
I'm glad you shared this. I like to learn about another country's legal system as it can be helpful in the future. Do both businesses and ordinary citizens avail themselves to ADR in India? Is the resolution binding?
Mediation exists in the United States too, but I don't think the resolution is binding unless the parties sign a contract to make it so. Most companies prefer arbitration, which is known to favor businesses and the outcome is binding. Almost every contract will have an arbitration clause.
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