eJournal Sept 2021 Volume 6 - Flipbook - Page 8
DISPUTE RESOLUTION AND THE ALTERNATIVE
In today’s increasingly competitive world, businesses are bound to
run into disputes with other entities or individuals. The disputes
may range from contractual differences or claims to money
recovery issues.
So what should businesses do when faced with such a situation?
The conventional method is of course to litigate. The Parties
concerned will engage in an exchange of Legal Notices where they
will take positions which they seldom alter.
What follows will be a pitched courtroom battle or expensive
Arbitration proceedings. The proceedings may See-Saw from one
party to another and by the time finality is arrived after exhausting
all rounds of Appeals, both Parties would have used up
considerable time, money and resourced.
Sometimes even the victory may be on paper as over the years
situations change making the whole original dispute seem
unimportant. Here’s where Alternative Dispute Resolution (ADR)
processes try to make a difference.
While Arbitration is a well recognized and in fact the most popular
ADR mechanism, over the years, Parties have realized that the
process is expensive and has all the trappings of a regular
adversarial litigation.
This where in recent time Mediation has stepped in to make a
telling difference.
Mediation is a voluntary process where Parties to the dispute
explore various options to amicably settle the differences.
DISPUTE RESOLUTION AND
ADVANCED RULING - GST
THE ALTERNATIVE
P V Balasubramaniam
