Arbitration & Conciliation
Arbitration & Conciliation are the most effective and preferred negotiation processes which help resolve the conflicts easily, swiftly, and in a customized way so that going forward they don’t become the matter of litigation. Resolving a dispute at the earliest proves beneficial for both the parties in running their business operations efficiently and smoothly.
SMA Legal is an experienced impartial adjudicator which provides arbitration and conciliation services to avoid venturing into complicated commercial disputes which may not see a resolution in a realistic time frame.
Using Alternate Dispute Resolution methods, we help you settle your commercial disputes, specifically international commercial transactions in India, outside the normal judicial system of your country.
As part of the arbitration process, we seek a RFA (Request For Arbitration), from the party who has raised a dispute for being resolved through us. We help you work on the RFA, which constitutes the following
- parties background information
- objectives and arbitration agreement
- a detailed summary of the conflicts and disputes/allegations
- RFA would invite the other parties to accept the appointment of a named arbitrator
SMA Legal assists its customers by developing commercial agreements, rendering advisory and representation services relating to arbitration & conciliation matters and by assisting parties in securing appropriate injunctions and orders for preserving and protecting rights of aggrieved parties
Conciliation helps you settle the conflicts without going to the court, which prevents time, energy, money wastage along with the stress of going to a hearing. This settlement will be customized to your requirements and objectives and will be imposed on you by the judiciary. SMA Legal has an experience of settling 80% of the cases without going to the court.
As experienced and skilled conciliators, we aim to ensure easy and swift settlement between both the parties. We try to reason out the conflicts raised between the parties through discovering the complexity and ambiguity of the situation.
Once we have a complete understanding of the situations and legal regulations involved, we will attempt to create room for critical thinking and more inclusive understanding of the conflict through different ways, including negotiations, mediation, sustained dialogue, apologies, acknowledgement, support of public commemoration activities, and public diplomacy.
How we help in case of non-agreement?
We do not withdraw the complaint in case of non-agreement, Instead if the claim is unfair, it can be decided by an arbitrator if both sides prefer.
Mediation is another form of Alternate dispute resolution, where we assist the parties in resolving the conflicts with concrete effects.
SMA Legal works as a third party to listen to each party’s arguments and craft a solution beneficial for both the parties through the most confidential, structured and time-specific dialogues. We ensure to negotiate the settlement by taking it to it’s logical conclusion with the help of various techniques like ice-breaking, improving the dialogue between disputants etc.
In negotiation processes, we formulate the possibilities to resolve the differences between the two parties by reaching an understanding to satisfy various interests of the parties involved in the negotiation processes. We carry out the negotiation practices with the help of both integrative as well as distributive approaches.