Rules & Procedures

The rules and procedures for the "Settle ADR Platform" with specific reference to the provisions of the Arbitration and Conciliation Act, 1996, which governs arbitration and conciliation proceedings in India:

Settle ADR Platform Rules and Procedures

1. Introduction

The Settle ADR Platform is committed to providing a reliable and accessible platform for the resolution of disputes through Alternative Dispute Resolution (ADR) methods in accordance with the Arbitration and Conciliation Act, 1996. These rules and procedures are designed to promote fairness, transparency, and efficiency, in alignment with the Act.

2. Eligibility and Access

2.1. Any individual or organization involved in a dispute may access the Settle ADR Platform, as permitted by the Arbitration and Conciliation Act, 1996.
2.2. Users must register an account to initiate or participate in a dispute resolution process, in compliance with the Act.

3. Case Initiation

3.1. Users may initiate a case by providing essential case details, including the nature of the dispute, the preferred ADR method (mediation, arbitration, conciliation, negotiation, or hybrid), and the identification of opposing parties, consistent with the Act.
3.2. Case initiators must agree to the platform's terms and conditions, including fee structures, if applicable, in line with the Act's provisions.

4. ADR Method Selection

4.1. Parties may select their preferred ADR method, including arbitration or conciliation, in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
4.2. Parties may choose to switch ADR methods during the process, subject to mutual agreement, following the Act's guidelines.

5. Case Assignment

5.1.The Settle ADR Platform assigns a qualified and certified ADR professional to facilitate the chosen ADR process, adhering to the Act's criteria for arbitrators and conciliators.
5.2. Arbitrators and conciliators maintain impartiality and follow the ethical standards outlined in the Act.

6. Case Management

6.1. Parties and ADR professionals utilize the platform's Case Management System to track case progress, schedule sessions, and communicate, aligning with the Act's provisions for case management.
6.2. Parties are responsible for uploading relevant documents and evidence into the platform's secure document management system, as required by the Act.

7. Session Scheduling and Participation

7.1. Parties involved in the dispute, along with the assigned ADR professional, coordinate session scheduling through the platform, following the Act's stipulations.
7.2. Parties must participate in sessions in good faith, respecting the rules and procedures of the selected ADR method, as outlined in the Act.

8. Decision and Resolution

8.1. In arbitration, the arbitrator(s) render a binding decision based on the evidence and arguments presented by the parties, in accordance with the Act.
8.2. In conciliation, parties work collaboratively to reach a mutually acceptable resolution, as facilitated by the conciliator, as mandated by the Act.
8.3. The platform assists parties in formalizing agreements reached during the ADR process, consistent with the Act's requirements.

9. Compliance and Enforcement

9.1. Agreements and decisions reached through the Settle ADR Platform are legally binding and enforceable in accordance with applicable laws, including the Arbitration and Conciliation Act, 1996.

10. Fees and Costs

10.1.The platform may charge fees for its services, as specified in the terms and conditions, compliant with the Act's guidelines on costs and fees.
10.2. Fee structures are transparent and communicated to parties at the initiation of the case, in accordance with the Act.

11. Confidentiality

11.1. The Settle ADR Platform maintains strict confidentiality of case-related information, consistent with applicable laws and ADR method guidelines, including those outlined in the Arbitration and Conciliation Act, 1996.

12. Record Keeping

12.1. The platform maintains records of all case-related communications and documents securely, as required by the Act.

13. Amendments and Modifications

13.1. The Settle ADR Platform reserves the right to amend these rules and procedures as necessary, with prior notice to users, in accordance with the Act's provisions.

14. Dispute Resolution

14.1. Disputes arising from the ADR process itself may be resolved through mediation or arbitration, as agreed upon by the parties, in line with the Act.

15. Availability of Rules and Procedures

15.1. These rules and procedures are made readily available to all parties involved in disputes through the Settle ADR Platform's website, ensuring transparency and compliance with the Act.

By using the Settle ADR Platform, parties agree to abide by these rules and procedures, ensuring a fair and orderly resolution process that aligns with the provisions of the Arbitration and Conciliation Act, 1996, while prioritizing fairness, transparency, and efficiency.

Model Fee Schedule and Our Commitment

At Settleadr, we understand that resolving disputes should be accessible and fair for everyone. Our fee schedule is designed to reflect our commitment to providing efficient and affordable dispute resolution services. We believe that fairness should extend to the cost of resolution, ensuring that financial constraints do not hinder access to justice.

Fee Schedule for External Referrals

At Settleadr, we are committed to accommodating the diverse ways in which disputes come to our attention. If a dispute is referred to Settleadr by a court, statutory authority, or governing body, we recognize the importance of adhering to the fee schedule prescribed by the referring authority for the resolution of such disputes. We believe in working seamlessly with external entities to ensure that our dispute resolution services are accessible and in compliance with established guidelines.

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