Counselling and ADR

Legal Counselling

• Legal Counselling means legal advice and guidance on complex and multilayered legal processes and situations, ensuring clients understand their rights, obligations, and the necessary course of action.
• Legal Counselling is about getting to know your circumstances, understanding your legal position, and guiding you to make choices that could impact your life, business, or future. Whether dealing with family issues, corporate problems, compoundable criminal matters, or civil suits, legal counselling helps. 

Types of Legal Counselling

• Preventive Legal Counselling: Seeking legal advice before a situation escalates into a legal matter. This type of counselling is essential for individuals or organizations aiming to minimize the legal risks associated with lawsuits. 
• Therapeutic Legal Counselling: Intended for clients already facing a legal issue, may entail a discussion of the legal process and what other alternatives are available, or help the client weigh the legal process and come up with the best legal plan.
• Family Law Counselling: Intended for family-related problems such as divorce, child custody disputes, cases of alimony, and issues related to inheritance. 
• Criminal Law Counselling: For anyone facing criminal charges or those who have been victims of a crime. It provides clients with a clear understanding of their rights, the legal process, and what they can expect as the case unfolds, including defense strategies and tactics that may be employed. 
• Corporate Legal Counselling: Assist companies in managing various legal matters, such as compliance with regulations, protection of intellectual property, employment law issues, corporate governance, navigating contracts, mergers, acquisitions, or other legal transactions.  

Legal Counselling Includes

• Legal Documentation and Review: Advising clients on drafting, proofreading, and evaluating legal documents. Whether drafting contracts, reviewing agreements, or creating legal correspondence, ensuring that all the documents are legally sound, client-focused, and for the benefit of clients.
• Mediation and Negotiation: Enabling individuals and organizations to avoid court proceedings and resolve disputes through negotiation for a mutually satisfactory solution. The practitioners are effective negotiators who operate with the primary goal of asserting the interests of the clients while not compromising the interests of other counterparties.

ADR in the Indian Legal System

• Definition of ADR: ADR is an abbreviation for Alternative Dispute Resolution, which means resolving a dispute through a mechanism other than the court. Some traditional methods for resolving disputes include negotiation, Mediation, Arbitration, and Lok Adalats.
• The Concept of ADR: Centered around creating a structural framework through which disputes can be resolved out of court, peacefully, with the assistance of an impartial person. 
• Acceptance and Approval: Alternative Dispute Resolution (ADR) has been approved and supported in India by both the judiciary and the legislature as a means to obtain justice more efficiently and effectively.

Types of ADR

• Arbitration: Arbitration is commonly recognized as a form of Alternative Dispute Resolution (ADR) where disputing parties agree to have their disagreement resolved by one or more individuals known as arbitrators. Though it's not as complicated as in court, they follow a formal process while handling the case. It is also known to be binding upon the parties, and the final award made by the arbitrators is as authoritative for the parties as any judicial decision. The Arbitration Act, 1996, regulates arbitration in India. 
• Mediation: A mediation involves a third party, referred to as a mediator, who assists the parties in a dispute in negotiating a resolution. In contrast to arbitration, where the arbitrator imposes a binding award, the mediator helps the parties to reach an agreement. Mediation is an ADR technique in which disputing parties are not compelled to abide by the decision made by the third-party neutral, except by mutual agreement.
• Lok Adalats: Lok Adalats, also known as People's Courts, are the most literal form of Alternative Dispute Resolution (ADR) in India, with their legal basis rooted in the Legal Services Authorities Act, 1987. Lok Adalats are concerned with settling disputes through adjustment and compromise, and such courts handle legal matters that are not overly complicated. Lok Adalats deliver their awards in the form of a legal decision and, therefore, have no provision for appeal and are quick and inexpensive.

ADR is Helpful in

• Civil and Commercial Disputes: Alternative Dispute Resolution (ADR) is widely used in civil and commercial litigation, often proving helpful in contractual business relations and property disputes. Section 89 of the Civil Procedure Code (CPC), enacted in 1908, provides for referring cases to Alternative Dispute Resolution (ADR) methods, including arbitration, mediation, and Lok Adalats. India's Commercial Courts Act, 2015, also promotes Alternative Dispute Resolution (ADR).
• Family Law Matters: Divorce cases, child custody, maintenance, alimony, inheritance, and other related issues can be resolved through mediation to ensure that family relationships are not severely strained and that disputes are resolved amicably. The provisions of the Family Court Act, 1984, encourage mediation as a mode of settling family disputes.
• Labour and Employment Disputes: Disputes over labour and employment typically encompass several factors that can be resolved through alternative dispute resolution (ADR) mechanisms. Section 10 of the Industrial Disputes Act, 1947 allows reference of disputes to the tribunals for the settlement of industrial disputes. 
• Consumer Disputes: The Consumer Protection Act, 2019, encourages mediation as it is a fast and effective way to address consumer grievances. Consumer Mediation Cells under the Act have also strengthened the ADR mechanism during the redressal of consumer disputes.
• Criminal Matters: However, ADR may be helpful in some criminal cases, including those involving petty or compoundable offenses. Section 320 of the CrPC/ Section 359 of the BNSS also permits the compounding of some offenses through mutual consent between the parties involved. 

Role of Legal Counselling in ADR

• Educating Clients on ADR Options: Most clients do not understand the benefits of Alternative Dispute Resolution (ADR) in general, and they are certainly not aware of which type of ADR process might be most suitable for their specific dispute. However, a legal counselor can help equip them with the necessary knowledge.
• Preparing Clients for ADR Proceedings: Legal Counselling ensures that clients are well-prepared for ADR proceedings, i.e., whether it's Mediation, Arbitration, or Lok Adalat. It includes understanding the process, setting realistic expectations, and devising a strategy for negotiating or presenting their case. 
• Facilitating Communication and Negotiation: Lawyers help clients reflect on and voice their interests more clearly during the process. They help both parties to find common ground and reach mutually agreeable terms. This advice is especially relevant in mediation, where the intention is to produce a mutually beneficial outcome.

Benefits of ADR

• Informed Decision-Making: This informs clients about the options, governing laws, and consequences of their actions and decisions within the context of Alternative Dispute Resolution (ADR). This systematic approach is essential in determining legal issues and enables one to make an informed decision.
• Speedy Resolution: This is perhaps one of the biggest strengths of ADR, as it eliminates the lengthy delays associated with resolving disputes in court. On the other hand, traditional court cases in India may take years or even decades to be concluded and finalized, whereas arbitration, mediation, and Lok Adalats speed up the process.
• Cost-Effectiveness: It is widely understood that ADR is less expensive than traditional litigation. In this context, it is worth noting that utilizing ADR may provide an opportunity to minimize costs, such as court fees, lawyers' fees, and those associated with prolonged trials.
• Flexibility and Informality: ADR processes are largely less structured and less formal than judicial systems. The parties have more control, and as a result, they participate in the selection of the third-party neutral (mediator, arbitrator, etc.), as well as in determining the rules, procedure, and time frame. This creates flexibility in the process, which can suit the needs and interests of the parties to the disputes.
• Confidentiality: This is especially the case when the parties in the dispute are engaged in business and the disclosure of sensitive information may be prejudicial to their commercial affairs, and wherever applicable in other cases.

How Can We Help You? 

• Legal Counseling: Throughout your entire legal journey, our legal counselling helps you make informed and correct decisions, which saves you time and money and also helps you in finding alternative modes for your dispute resolution.
• Explaining ADR Methods: Guiding clients about the types of ADRs, mediation, arbitration, and negotiations while detailing the one most appropriate for their dispute.
• Assessing Suitability for ADR: Evaluate the type and degree of the dispute and indicate if it is suitable to go for ADR to resolve the conflict, as it is unsuitable for all kinds of disputes.
• Guiding Through the ADR Process: We provide detailed instructions on how to initiate the ADR process, select the appropriate arbitrator or mediator, and complete the necessary paperwork.
• Representing Interests in ADR Sessions: In ADR sessions, whether through arbitration, negotiation, or mediation, lawyers take it upon themselves to protect their clients' interests.
• Drafting and Reviewing Settlement Agreements: After an ADR process is completed, we prepare, discuss, and approve the legal documents that support the resolution of the agreements.
• Post-ADR Legal Support: Advising on the manner of implementing the settlements or filing for enforcement if either party is seen to have disobeyed the agreed-upon directions.

Conclusion

The refreshing amendments to ADR laws, combined with skilled legal counsel, provide an effective means for individuals and corporations to avoid the costs and complexities typically associated with procedures within the legal system. A professional's assistance is crucial to navigating the system while protecting your rights and achieving the most beneficial solution for all parties involved. To know more, contact us.