Bharat Solve

“An ounce of Mediation is worth a pound of Arbitration and a ton of Litigation” - Joseph Grynbaum

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Bharat Solve is a global legal-tech organisation specialising in Alternative Dispute Resolution (ADR) services, including mediation, arbitration and related services. Bharat Solve ensures end-to-end case management through highly secure online, offline and hybrid modes. Our expert panellists are equipped to handle complex disputes while our tailored rules of arbitration and mediation ensure an equitable and cost-effective process. Bharat Solve’s collaborative ecosystem is built on neutrality, transparency, simplicity and trust.

Confidentiality

Speedy disposal of disputes

Simple and Convenient

Flexible

Cost Saving

Focussed on Solutions

Improves Ease of Doing business

Preserves Relationships

Former CJI C.V Ramana -“My advice, after participating in the legal profession for over 40 years in different capacities, is that you must keep the option of going to courts as a last resort. Use this last resort only after exploring the option of ADR”

CJI D.Y Chandrachud - Mediate, dont litigate! He believes strong institutionalization of arbitration will contribute to the development of an arbitration culture in India. “Adoption of technology at all levels of arbitration proceedings will enhance the efficiency and accessibility of the arbitration process”

Prime Minister Modi -"We need to simultaneously facilitate a vibrant ecosystem for alternate dispute resolution, including Arbitration, Mediation and Conciliation. This will provide additional comfort to investors and businesses. More importantly, it will also ease the case load on Indian courts”

Mediation Steps

1) Dispute Arises - Parties can choose to Mediate at any stage of the dispute before its final determination by courts.

2) Request Mediation - A. Any of the parties to the dispute can initiate the Mediation process with Bharat Solve by filing a Request for Mediation. B. On agreement of all parties or by reference of court parties may proceed with Mediation by filing the Agreement to Mediate.

3) Appointment of Mediator - Based on expressed preferences of parties, an appropriate neutral will be selected.

4) Mediation Sessions - online/offline r - The Mediator will conduct Individual and or Joint Sessions with the parties to understand the issues and get to the crux of the contentions and areas of possible cooperation, suggest alternatives and endeavor to bring about a fair solution.

5) Mediation Sessions - online/offline - Once the parties have agreed on terms of a settlement, a Mediated Settlement Agreement shall be made in writing and authenticated by the Mediator. It shall have the same binding effect as a judgement or decree of the court.

6) Registration with Authorities - Once the parties have agreed on terms of a settlement, a Mediated Settlement Agreement shall be made in writing and authenticated by the Mediator. It shall have the same binding effect as a judgement or decree of the court.

Arbitration Steps

1) Initiating arbitration - Any party to a dispute covered by an arbitration clause may submit a Request for Arbitration. In case a dispute is not covered by a pre-existing arbitration agreement, parties may give their assent to our Arbitration Agreement.

2) Appointment of the Arbitral Tribunal - Arbitrator/s are appointed through Bharat Solve’s transparent and flexible process suited to requirements of the dispute and the parties preferences. Post this, a preliminary meeting may be held wherein an appropriate procedure and scheduling order is decided.

3) Statement of claim and Response - Written statements detailing the settlement sought and response to such claims is exchanged at this stage of the process.

4) Interchange of Evidence - An agreed upon set of documents is prepared for the arbitrator and the written evidence is exchanged.

5) Hearing & legal submissions - Oral arguments, witness testimonies and clarifications as part of the hearing stage followed by a legal summary of arguments, evidence etc from both sides.

6) Award - The arbitrator considers all the submissions, relevant facts, witness testimonies, applicable law, interest of justice to issue an award.

6) Execution - The Arbitral Award is legally binding and enforceable in India as a decree of the court under the Arbitration and Conciliation Act 1996. In case of foreign arbitrations, the arbitral awards are enforceable in 172 jurisdictions worldwide by virtue of The New York Convention.

Step 1 → Dispute Arises

Parties can choose to Mediate at any stage of the dispute before its final determination by courts.

Step 2 → Request Mediation

Any of the parties to the dispute can initiate the Mediation process with Bharat Solve by filing a Request for Mediation. (LINK)

Step 3 → Appointment of Mediator

Based on expressed preferences of parties, an appropriate neutral will be selected.

Step 4 → Mediation Sessions - online/offline

The Mediator will conduct Individual and or Joint Sessions with the parties to understand the issues and get to the crux of the contentions and areas of possible cooperation, suggest alternatives and endeavour to bring about a fair solution.

Step 5 → Settlement

Once the parties have agreed on terms of a settlement, a Mediated Settlement Agreement shall be made in writing and authenticated by the Mediator. It shall have the same binding effect as a judgement or decree of the court.

Step 6 → Registration with Authorities

The Mediated Settlement Agreement or the Mediation Failure Report, as the case may be, is submitted to authorities.

Arbitration

Step 1 → Initiating arbitration

Initiating arbitration - Any party to a dispute covered by an arbitration clause may submit a Request for Arbitration. In case a dispute is not covered by a pre-existing arbitration agreement, parties may give their assent to our Arbitration Agreement.

Step 2 → Appointment of the Arbitral Tribunal

Arbitrator/s are appointed through Bharat Solve’s transparent and flexible process suited to requirements of the dispute and the parties preferences. Post this, a preliminary meeting may be held wherein an appropriate procedure and scheduling order is decided.

Step 3 → Statement of claim and Response

Written statements detailing the settlement sought and response to such claims is exchanged at this stage of the process.

Step 4 → Interchange of Evidence

An agreed upon set of documents is prepared for the arbitrator and the written evidence is exchanged.

Step 5 → Hearing & legal submissions

Oral arguments, witness testimonies and clarifications as part of the hearing stage followed by a legal summary of arguments, evidence etc from both sides.

Step 6 → Award

The arbitrator considers all the submissions, relevant facts, witness testimonies, applicable law, interest of justice to issue an award.

Step 7 → Execution

The Arbitral Award is legally binding and enforceable in India as a decree of the court under the Arbitration and Conciliation Act 1996. In case of foreign arbitrations, the arbitral awards are enforceable in 172 jurisdictions worldwide by virtue of The New York Convention.