Out of court settlement

tulip

Active Member
Is there a provision for two entities in dispute to settle such out of court? If so, what are the circumstances that can lead to such a thing?
 

CyberKing

Domain Investor
Country flag
Is there a provision for two entities in dispute to settle such out of court? If so, what are the circumstances that can lead to such a thing?


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
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.
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.
 

Connected

Member
If financial compensation is the end game for a lawsuit, then settling out of court is really the best way to go. It seems counter-intuitive to me to spend legal fee's in order to get money when there is a much cheaper alternative.
 

Foroux

Member
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.
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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