The Preferred Dispute Resolution Destination

The CDR Centre is a multi-functional dispute resolution facility, housing some of the most technologically advanced hearing rooms to facilitate the smooth conduct of ADR proceedings. CDR Centre also provides case management systems and hosts various ADR training programsto impart knowledge and awareness of ADR mechanisms.

CDR rooms are fully equipped with all the necessary amenities needed to introduce and sustain a productive mediation or arbitration between an arbitrator, mediator, and client(s). The CDR Centre is located at 112 Eldorado Building, Nungambakkam, Chennai which conveniently connects to various parts of Chennai.

The various rooms are named after the eminent international conventions on arbitration and dispute resolution. Over the last several decades, many countries have ratified these conventions and have used them as a basis forshaping their laws. Come experience how CDR Centre can serve you better!

Alternative Dispute Resolution (“ADR”) refers to any methodof resolving conflict without litigation.The most famous ADR methods are the following: arbitration, mediation, conciliation, negotiation and transaction.

Arbitration is a part of the Alternative Dispute Resolution (ADR) mechanism that benefits parties who want to avoid the normal lengthy recourse to the local courts for settlement of disputes. It is a legal technique for the resolution of dispute outside the courts, wherein the parties to a dispute refer it to one or more persons namely arbitrator(s) by whose decision (the “award”) they agree to be bound.

Advancement, liberalization, and globalization of international business relations necessitated the invention of a flexible, reasonable, favourable and time-saving method of resolution of disputes without making the parties go through the rigorous, time consuming and resource exhausting procedure of the traditional justice delivery system.

The Indian law with respect to the arbitration is largely based on the English Common Law. The Indian arbitration is governed and regulated by the Arbitration and Conciliation Act 1996, which derives its basis from the 1985 UNCITRAL Model on International Commercial Arbitration and the UNCITRAL Arbitration Rules of 1976.

Ad hoc Arbitration: Conduct of arbitration by the tribunal following the rules already agreed between the parties or following the rules laid down by tribunal in case of the nonexistence of agreement between parties. Ad hoc arbitration helps in greater control over the arbitration process, flexibility to decide the procedure, and also ensures cost-effectiveness. However, the success of the ad hoc arbitration is ensured only in case of mutual agreement of parties.

Institutional Arbitration: Administration of arbitration in accordance with the rules of the procedure of an institution. The same provides for important aspects of arbitration such as the appointment of arbitrators, managing the arbitration process, identifying venues for holding arbitration hearings. Many such Indian arbitrations are administered by international arbitral institutions such as the Court of Arbitration of the International Chamber of Commerce, the Singapore International Arbitration Centre, and the London Court of International Arbitration.

Mediation in India is a voluntary process where the disputing people decide to mutually find a solution to their legal problem by entering into a written contract and appointing a mediator. The decision-making powers remain with the disputing parties, with the mediator acting as a buffer to bring them to an understanding. The parties can hire ADR lawyers to represent them before the mediator and explain the situation in a professional way. The difference between arbitration and mediation are that arbitration is a more formal process than mediation. An arbitrator needs to be formally appointed either beforehand or at the time of need. A mediator can be anyone, of any designation, can be appointed formally or casually depends on the wish of the parties. The mediation law in India has been made user friendly and pretty flexible.

Mediation India are divided into two categories which are commonly followed:

1. Court referred Mediation: The court may refer a pending case for mediation in India under Section 89 of the Code of Civil Procedure, 1908. This type of mediation is frequently used in Matrimonial disputes, particularly divorce cases, family disputes and contractual matters.

2. Private Mediation: In Private Mediation, qualified personnel works as mediators on a fixed-fee basis. Anyone from courts, to the general public, to corporates as well as the government sector, can appoint mediators to resolve their dispute through mediation.

Process of Mediation in India

In most cases, people voluntarily opt for mediation to mutually resolve their legal issue, making mediation in India a party-centric and neutral process. A third party i.e. a mediator is appointed who acts unbiasedly in directing the parties to amicably resolve their issues. Mediation employs structured communication and negotiation where people put their issues and solutions for them in front of each other with the help of a mediator. The person can be anyone the parties have chosen, or an ADR lawyer agreed on by the parties.

The mediator then helps them to reach a conclusion based on their agreed upon terms. As it is a voluntary process and the parties retain all the rights and powers, any party can withdraw from the process of mediation at any phase without stating a reason.

Mediation encourages the parties to participate in dispute resolution actively and directly whereby they explain the facts of their dispute, lay down options or ways to resolve the dispute and make a final decision by coming to a settlement. The mediation process in India follows all the general rules of evidence and, examination and cross-examination of witnesses. To know all the legal rights you have over the issue, you can discuss with your ADR lawyer how you can put up your demands and negotiate it with the other party.

Part 3rd of the Arbitration and Conciliation Act, 1996 deals with conciliation. Conciliation means the settling of disputes without litigation. Conciliation is a process by which discussion between parties is kept going through the participation of a conciliator. The main difference between arbitration and conciliation is that in arbitration proceedings the award is the decision of the Arbitral Tribunal while in the case of conciliation the decision is that of parties arrived at with the assistance of the conciliator.

The law relating to conciliation has been codified for the first time in India (Section 61 of the Arbitration Act) on the pattern of UNCITRAL Conciliation Rules.