Alternative dispute resolution (ADR) refers to the different ways by which people can resolve disputes without a court case. Common ADR processes include mediation, conciliation, and neutral evaluation. These processes are based on three pillars i.e. confidentiality, neutrality, and voluntary, these are less stressful than traditional court proceedings.
ADR often saves money and speeds up settlement. In mediation, conciliation parties play an important role in resolving their own disputes. A third-party neutral facilitates them to resolve their disputes. This often results in creative solutions, long-lasting outcomes, greater satisfaction, and improved relationships in the future.
Karuna Mediation provides services for mediation to people who are in disputes and want to resolve those disputes to save their time, energy, and money. Karuna Mediation provides a wide range of dispute resolution and mediation support services. The process-oriented efforts of our accredited professionals with compassion and empathy make Karuna the preferred choice for the effective management and resolution of any dispute.
We Provide mediation services in Family disputes, matrimonial disputes, divorce disputes, child custody matters, and all kinds of civil & commercial disputes.
Our empaneled Mediators are experts in these fields. The terms of settlement may be recorded in the form of a settlement agreement to be presented before the Court which will be submitted the same as a settlement terms & conditions and made enforceable like a court decree.
Mediation Rules
All Karuna Mediation and conciliation are conducted under Karuna Mediation Rules. The rules are for having streamlined best practices followed to have successful outcomes.
These mediation rules include the conduct of mediation proceedings and of the mediators, and the procedure to start and terminate the proceedings.
For more details refer to Mediation and conciliation Rules
Sample Clause
Parties can either unilaterally or jointly refer disputes to mediation. However, for those to value risk mitigation, we have designed an ADR clause for inclusion in contracts.
In case of any dispute arising out of or relating to this Agreement, including the alleged breach, termination, validity, interpretation, and performance thereof (“Dispute”), the parties agree first to try in good faith to settle the Dispute by mediation under rules of an institutional mediation service provider such as Karuna Mediation & Arbitration Institute, before resorting to or during arbitration, litigation, or some other dispute resolution procedure. The Dispute shall be referred to mediation within 30 days of the issue of the first notice of claims related to the Dispute by either/any party. In the event that parties are unable to agree on a mediator, a mediator shall be appointed by the institutional mediation service provider. The process shall be confidential as per the rules and protocol of the institutional mediation service provider or any other more stringent confidentiality obligations mutually agreed to by the parties. Alternatively, the parties may mutually agree to undertake conciliation as per the rules of any institutional mediation service provider, such as the Karuna Mediation, so that the settlement agreement is enforceable as an arbitration award under Arbitration and Conciliation Act, 1996. Unless otherwise agreed between the Parties mutually and in writing, on the expiry of sixty days from the date of the first meeting between the parties with the mediator, the mediation shall stand terminated.
In case the Dispute could not be settled between the parties through mediation, the same shall be settled through arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed jointly by both Parties. The place of arbitration shall be ________ and the language of the arbitration shall be English. The arbitrator’s award shall be substantiated in writing and the award shall be enforceable in any court having jurisdiction, subject to the laws of India. The award of the arbitrator shall be final and binding on the Parties.
Process
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