Civil Dispute Practice

Depending  on the nature of the dispute, whether a person or entity seeks, or the  desired result, there are several potential legal options available to  people and entities in India for resolving civil disputes. The remedy  selected may depend upon which of the parties processes looks like a  court or alternative dispute resolution.

The  easiest legal option, and the one, which is most of the time, used to  resolve civil disputes is to simply file a civil suit with a proper  court jurisdiction under the Code of Civil Procedure, 1908 (CPC).  Generally, the process will begin with a person (plaintiff) filing a  lawsuit, filing all requested documents and evidence, participating in  court hearings for a court a decision, and the process, hopefully, ends  with a judgment. Upon a judgment the court may issue remedies, such as  an injunction, award damages, or enforce specific performance on a  contract.

Alternative  dispute resolution (ADR) consists of methods, such as mediation,  arbitration and conciliation. Such mechanisms are much quicker and less  expensive options than traditional litigation. All methods ultimately  focus on resolution and discussion to resolve the dispute outside of the  courts-

• Mediation: Like ADR the parties will hire a neutral third party to assist them in reaching a mutually acceptable agreement.
• Arbitration: A private tribunal will issue a decision which will bind the parties in the same manner as a court decree.
• Conciliation: While conciliation is like mediation, the conciliator will be more proactive in suggesting terms of settlement.

Before  or during the course of court proceedings, the parties can negotiate  the matter directly and reach a mutual settlement, which can also be  recorded before the court.

If you’re facing a legal conflict, Verma Law Associates can help you achieve effective and timely settlements through mediation, arbitration, or litigation