Settlement negotiations facilitated by third-party conciliation can produce successful outcomes faster and less expensively than through conventional litigation. Conciliation offers the added benefits of allowing the parties to preserve vital business relationships and maintain confidentiality over sensitive information along with retaining the right to decide for themselves whether to settles a dispute and the terms of settlement of the dispute.
At Kashyap and Kashyap, we know that conciliation is no longer just an alternative to litigation. Many global industry and commercial groups, from insurance to financial services to oil and gas to infrastructure, are using mediation to resolve impasses. Additionally, most jurisdictions in India now require lawyers to consider and, if appropriate, recommend conciliation in order to protect clients' interests. The Indian Arbitration and Conciliation Act, 1996 in case a settlement is reached between the parties, has made it compulsory that an settlement agreement be signed by the parties which when authenticated by the conciliator(s) becomes binding.
Kashyap and Kashyap’s dispute resolution lawyers are trained and experienced in the advocacy skills you need for a successful conciliation. Let our expertise help you realize the benefits of a conciliated solution, so you can get back to business.
A Specific Process
It is important to note that conciliation, like any form of alternative dispute resolution, is not one-size-fits-all. Conciliation is a specific process that serves specific needs. Applying conciliation to solve an arbitration problem, or vice versa, can result in serious legal difficulties.
Conciliation may be particularly useful when parties have a relationship they want to preserve. So when family members, neighbours, or business partners have a dispute, conciliation may be the ADR process to use. Conciliation is also effective when emotions are getting in the way of resolution.
However, conciliation may not be effective if one of the parties is unwilling to cooperate or compromise. Conciliation also may not be effective if one of the parties has a significant advantage in power over the other. Therefore, it may not be a good choice if the parties have a history of abuse or victimization.
We Can Help!
At Kashyap and Kashyap, we navigate our client smoothly through the Conciliation process; from appointing a conciliator, to setting an agenda, enabling negotiations and ending with a result in favour of the client.
Our offices use only the most selected and qualified lawyers available, trained and licensed in both the US and India. We provide these legal services through our New Delhi and Gurgaon offices, online, as well as in-person, onsite visits for larger international corporations.