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1. Why Businesses Should Choose
Arbitration and Mediation

2. Mediation is a dynamic, structured, interactive process where an impartial third party assists disputing
parties in resolving conflict through the use of specialized communication and negotiation techniques. All
participants in mediation are encouraged to actively participate in the process. Mediation is a "party-
centered" process in that it is focused primarily upon the needs, rights, and interests of the parties.
The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help
the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction
between parties and facilitates open communication. Mediation is also evaluative in that the mediator
analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to
the parties.
Arbitration, a form of alternative dispute resolution. (ADR), is a way to resolve disputes outside the courts.
The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or ‘arbitral tribunal'), which
renders the ‘arbitration award'. An arbitration award is legally binding on both sides and enforceable in the
courts.
Arbitration is often used for the resolution of commercial disputes, particularly in the context of international
commercial transactions. Mandatory consumer and employment arbitration should be distinguished from
consensual arbitration, particularly commercial arbitration
What is Arbitration and Mediation

3. Simply stated, litigation is a formal, generally public process which resolves disputes
through a court with a judge or jury. It is subject to strict rules imposed by law governing the
conduct of the proceeding, such as the formal rules of evidence.
Arbitration and Mediation are usually less costly than litigation. As less
Formalities are involved, this usually results in a speedier process. This
Will be especially beneficial for business owners as long and costly
Disputes will result in reduced productivity and profits.
Why Arbitration and Mediation over
Litigation

4. Private Court
Private court is a term sometimes used to refer to an arbitration or mediation agency. Mediation is
an non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party
helps resolve a dispute.
Why private court over other Arbitrators?
The private court is a legal trusted fastest growing platform which where we can resolve commercial
dispute.
The yearly membership package is just for Rs. 14,400.
The time span of resolution is much lesser than civil courts.
It is highly flexible, has high privacy and confidentiality and offers more specialized solutions.

5. Benefits of choosing Arbitration and
Mediation to Businesses
With those basic concepts in mind, the potential advantages to arbitrating instead of litigating
include speed and flexibility, finality, and confidentiality. When the dispute is international in scope,
arbitration has the added benefits of enforceability and neutrality. We briefly explain those benefits
below. Businesses should weigh these benefits against the main drawback of arbitration—the
inability to appeal to correct perceived errors by the arbitrators.
• Speed and Flexibility
Parties to an arbitration can—and should—participate in designing the process. In court, the parties
are required to follow procedural rules that apply to every case. Those rules might not be right for
all types of disputes and can create the potential for inefficiencies like unnecessary delay. Although
most arbitration clauses incorporate a set of rules, those rules are guidelines that can be varied by
the parties and thus are flexible. Parties should keep in mind that a case requiring complex
procedures like extensive factual discovery might not be right for arbitration.

6. Low cost.
Less time spent to resolve a dispute means lower costs for attorneys’ fees.
In addition, discovery is much more limited in arbitration, and appeals are
very limited, so those costs are all saved.

7. Arbitrator selection.
Parties can choose an arbitrator with subject matter expertise as
opposed to being assigned a judge randomly. This is particularly
important in complex cases requiring specialized knowledge.

8. Simplified rules of evidence and discovery.
Typically, there are limits on the nature and scope of discovery and time
limits on how long the process can take. Issues are handled through
phone calls rather than multiple hearings, subpoenas, depositions,
interrogatories and the like. And, the strict rules of evidence don’t apply.

9. Confidentiality
With some limited protections for trade secrets and other sensitive information,
documents in litigation are publicly filed and court appearances are open to the public.
Parties to an arbitration can agree that the process and results are confidential. The
dispute and the arbitration award, however, will often become public if one side goes to
court to enforce or challenge the award.

10. Enforceability & Neutrality (for International Disputes)
Arbitration has additional benefits when the dispute is international in scope. Treaties to
which the United States is a party—most notably what is called the New York Convention—
make international arbitration agreements and awards in commercial contracts enforceable
throughout the world. The United States is not currently a party to any treaty that makes
court judgments in commercial cases similarly enforceable. It is often easier to enforce an
arbitral award against a foreign party than a court judgment. Arbitration also affords parties
from different countries a “neutral” forum to resolve disputes.

11. Finality
Arbitration awards are final in that they are legally binding and are not subject to appeal.
The winning party does not need to await appeals before the case is truly over. Although
the lack of appeals is a benefit in that it speeds up the process, it also means that there is
no higher court to correct arbitrators’ errors of factfinding or law. A case that involves
difficult legal issues, which might benefit from appellate review, might not be right for
arbitration.

12. Conclusion
In sum, business-to-business arbitration can provide the benefits of speed and flexibility,
finality, confidentiality, and (for international disputes) enforceability and neutrality. But
businesses should seek to cooperate in a process meant to get more quickly to the heart
of the issues, not replicate court proceedings like burdensome and extensive discovery
that will increase costs and slow down the case. To do so would simply produce private
litigation and substantially reduce the benefits of arbitration without the right to appeal.