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Out of court settlement – your guide to settle court cases in India

out of court settlement - 2 businessmen shaking hands

If you were to register a case today, in 2019, you ‘may’ expect a resolution not before 2036! Yes, you read it right. It takes ‘17 years’ on an average to resolve a case in Indian courts. Save yourself from this fate – welcome to out of court settlement! 

What is out of court settlement?

When 2 parties mutually agree as to what will be the resolution of their dispute, without the involvement of a judge coming to a decision for them, it is called out of settlement. Typically, it means that the parties privately decide as to how they want to proceed, and then withdraw their court case. This ends their dispute. Settling cases is absolutely legal and in fact, codified in the law as well. This happens via ADR, or alternative dispute resolution mechanisms. There are 5 popular ADR mechanisms:

out of court settlement - Image describing 5 types of ADR
(source: pinimg)

How can these services be accessed in India?

Today, several legal tech startups are revolutionizing the legal ecosystem in dispute resolution in India. One such startup Presolv360, a first of its kind platform for resolving legal disputes online in a quick and cost-effective manner. Launched with the view of assisting people and businesses via out of court settlement, Presolv360 is a technology-enabled portal that uses state-of-the-art technology and artificial intelligence to allow disputing parties across the globe to resolve their conflicts without the involvement of courts.

It is a legal tech company focused on ODR, or online dispute resolution, aimed at reducing the backlog in Indian courts of cases by offering and promoting out of court settlement services to businesses as well as individuals. Presolv360 deals with amicable resolutions of contractual disputes, family, property, tenancy, commercial, banking and insurance, and matrimonial and divorce disputes, without disturbing the thin weave of harmony between contesting parties. At Presolv360, they adopt methods of negotiations, communication and ultimately mediation and arbitration to aid in conflict resolution as a Neutral Third Party.

out of court settlement - Describing what is Presolv360
(source: presolv360)

What are the services offered by Presolv360?

Their motto is to resolve disputes in a manner that relationships are unaffected. They believe in evolving such a dispute resolution mechanism which is consonant with ‘relationship management’.

Their services are:

A. PRESOLV DIRECT — For ongoing disputes

If any person or an organization has any existing disputes (whether pending in court or likely to be submitted to court), Presolv360 can assist them in resolving those disputes. They use a collaborative approach, which is out of court, quick, effective and economical.

Describing what is PresolvDirect and how it works
(source: presolv360)
B. PRESOLV SECURE — For protecting organisations from future disputes

One can insure their agreement for 1 year by purchasing a PresolvSecure Plan. This plan secures you from adversities of disputes that arise in a contractual relationship. If ever a dispute arises in the span of 1 year, their team will assist the parties in resolving the disputes at no additional costs. For a small annual fee (starting from mere Rs 400/-), the parties can safeguard themselves from prohibitive costs, traumatic experiences, time-consuming processes and ruined relationships, and instead ensure a speedy and effective resolution by way of out of court settlement. It works similar to how insurance policies work.

Describing PresolvSecure and how it works
(source: presolv360)
C. PRESOLV FOR ALL – Probono services

As a sensitive and responsible organisation, they are aware that an important reason why most people opt for court battles is lack of financial support. Thus, they are heavily dependent on legal aid and end up eventually clogging court processes. Therefore, they also offer their services free of cost to anyone interested in out of court settlement (but otherwise incapable of affording the services). All they have to do is fill up a form. Then, they undertake a background check to ascertain the incapacity of the applier, they start the resolution process.

Why Presolv360?

  • The entire process is a voluntary process, where an expert assists the parties in negotiating with each other to develop their own settlement terms to resolve their disputes.
  • Acting in the capacity of a Neutral Third Party, their objective is to find solutions that are mutually acceptable and satisfactory to all the parties.
  • Cases at Presolv360 are usually concluded in a few sessions, with a majority of the cases being concluded on the same day itself.
  • Their Experts help parties in identifying underlying interests, needs and core concerns. They understand the real issues. Thereafter they create options to negotiate a mutually acceptable settlement.
  • The entire process of Presolv360’s dispute management is flexible and informal. And it is not bound by rigid rules. Also, each session is tailor made to the requirement of the parties involved. The entire process of negotiation or mediation or arbitration, as the case may be, is structured to suit the needs of the parties.
  • At Presolv360, the parties are central to the process and their experts are active participants. At Presolv360, they endeavour to adopt a holistic and an informal process so as to address and resolve all connected and incidental conflicts and issues, including even the core disputes.
  • For them, confidentiality is a fundamental principle. It is non-negotiable. Every single detail is kept confidential.
  • They work around the central idea that a satisfactory conclusion to a case is not just the resolution of the disputes between the disputing parties, but eventually a maintained, enhanced or created relationship between the parties. There is hence a higher level of satisfaction and the dispute resolution at Presolv360 thus enjoys a higher degree of finality.

Co-founder and CEO of Presolv360, Namita Shah says,

“Building creative solutions by bridging law and technology and creating a trusting society remains our underlying purpose. Presolv360 is our first step toward this objective. All our solutions will always be ‘made for India’ and ‘made in India’.”

The Presolv360 team operates from Mumbai. However, Presolv360’s online presence makes the platform accessible from across the globe. The founding team comprises of lawyers, chartered accountants, insurance and management experts. The Presolv360 platform is open for public use and you can register your disputes here. Presolv360 has been recognised by the Ministry of Law and Justice, Government of India as a provider of online dispute resolution (“ODR”) services, and is working with the government, judiciary and India Inc. to help you resolve your disputes cheaper, faster and better.

ALL YOU HAVE TO DO

1. Have the intention of an amicable and a mutually non-destructive conclusion of issues and conflicts by way of out of court settlement.

2. And, access the website www.presolv360.com through your computer or mobile to get started.

WHAT YOU GET: Conclusion of conflicts and disputes and a well-preserved relationship.

out of court settlement - 2 kings palying chess to resolve a conflict

So, what are your thoughts on out of court settlement? Let us know in the comments section below. And, if you have any questions or would like to know more about out of court settlement, click here to get in touch with us and we’d be happy to help!

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