To Go to the Court or Not To

Hello Readers,

“To go to the court or not to” is a question a wise man will ask himself.

Disputes have existed into our social fabric ever since human being was born. In fact, mythology says that humans were born out of a dispute. However natural a dispute may seem to our being, we cannot eliminate the need for its resolution.

Disputes which have arisen from the commercial agreements usually see the court rooms for remedy. However, the resolution of such disputes is very costly and time consuming. With the courts all over the world getting crowded with cases, the alternative to solving disputes through courts started gaining importance.

I the last 40 years of my journey as professional I have come across clients who have approached me to represent them in courts. In all such cases I tell them that there are many alternatives to resolving disputes than taking the matter to court. However, this job is easier said than done. I have seen that the client is very agitated and is in the mode to firefighting when he comes to an advocate’s office. Calming him down and telling him alternatives itself is a test that any Arbitrator or mediator or conciliator goes through. At such times after a few meetings I tell client that we need to get the best out of this dispute and the resolution has to be a “Win-Win” situation.

I feel that a dispute should not put an end to relationship. It should be resolved and a renewed business relation should be created out of the dispute. In one of the cases under private arbitration, I have worked with my client and found a resolution for the disputing parties which not just solved their business dispute but, also helped them in understanding each other’s perspectives. Since that day they have one of the finest business relations that any businessmen could have. With their combines synergies, they have been able to have very prosperous businesses.

That’s the power of Alternative Dispute resolution. Hence, I am making a series of blogs that will help you understand what an ADR is and how it is to used. There is often a myth surrounding disputes that they have to be commercial, they deal only with outsiders and often involve monetary gains or losses. Infact, this far from truth. A dispute may arise due to different leadership styles, due to cultural difference and may even be seen in family businesses.

Therefore Arbitration, Mediation and conciliation is for everyone to understand. I am going to help you understand these concepts everyday, one at a time.

So wait for my next blog on Arbitration, its meaning , when can it be used, its legislation, international scenario and most important how to choose an Arbitrator.

Till then Happy reading,

Signing off

Adv(Dr.) Rajkumar Adukia