Caveat emptor.
We believe in the principle that a person, before agreeing to purchase, should satisfy him/herself of the quality and suitability of product or goods before the purchase is made. Therefore, we have a list of Frequently Asked Questions that will answer your queries regarding the platform and the process we employ while you resolve your legal disputes with confidence. If you have any further questions, please feel free to reach out to us.
Platform & Process |
Broadly, we facilitate five (5) categories of disputes: Civil disputes, Consumer redressal, Commercial disputes, Criminal compoundable offence, and Employment disputes.
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Civil disputes comprise small to mid claim (up to INR 5,00,000/-), rental and property disputes, matrimonial disputes.
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Consumer redressal involves claims against deficiency of services, defective goods, and product liability.
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Commercial disputes are the disputes that are covered under Section 2(c) of Commercial Courts Act, 2015.
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Compoundable criminal offences that fall within the scope of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, may be resolved between the complainant and the accused via mediation.
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Employment disputes comprise wrongful termination of employment, non-payment of wages, and withholding of employee benefits.
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There are two primary facets of online dispute resolution process. The first being, submission of claim and documents in support of the claim. The claimant is required to submit the relevant facts/events that have led to the dispute with the other party. Once the claim and documents are submitted, the other party is notified and asked to join the mediation proceedings. It should be noted that participation in mediation proceedings is a voluntary decision, unless directed by a court of law or a statutory requirement.
The second facet is, once the other party joins the proceedings, a mediator is appointed upon mutual agreement of the parties. The proceedings are conducted completely online through video conferencing and video transcription. If the parties reach a settlement, a settlement agreement is drawn and executed by the parties.
iResolve is a mediation service provider as described under The Mediation Act, 2023.
Apart from saving on cost, expenses, time, and effort, you take control of the proceedings on iResolve. You choose the relief available under law, you choose the date, and you decide the outcome.
We follow the timeline by law. As per law (The Mediation Act, 2023), the entire mediations proceedings are to be concluded within one hundred and twenty (120) days from the date fixed for the first appearance before the mediator. This timeline can be extended up to sixty (60) days, at the request of both the parties. However, this timeline is the outer limit for the proceedings to conclude. The parties may resolve the dispute at any time before the expiry of the timeline.
We provide parties with a mediation report, as per the standards of the court of law, which details the progress of proceedings and participation of the parties. If in case a party does not appear, despite receiving notice to respond and join, you may file the mediation report before the appropriate court of law showing your bona fide to settle the dispute and to compel the other side to participate in the mediation proceedings.
We will submit a mediation report detailing the proceedings and the reason for non-conclusion of proceedings. The parties may choose to either approach the appropriate court of law, or to explore other options available under law that suits their needs.
Yes, we have the option for conducting the proceedings in regional languages. However, it is necessary that you state your requirement on the platform before the appointment of the mediator.
All you need is an electronic device with video conferencing capabilities and a stable internet connection.
Yes, we ensure that any personal data provided by the parties are secure and confidential on the platform. We strictly comply with the statutory requirement under the Digital Personal Data Protection Act, 2023, and any allied Rules. Depending on the nature of the dispute, once the statutory limitation period under the relevant law expires, we anonymise the personal data.
Legal & Procedural |
Yes, the resolution has the sanctity of law and enforceable by the appropriate court of law in India. Once the parties have resolved the dispute, a settlement agreement is executed by the parties, which protects the rights of the parties and ensures performance of legal obligation.
We encourage parties to participate in the mediation proceedings since they are the closest to the dispute and it is their interest that is being negotiated. iResolve has been designed in a user-friendly manner that gives the power to the user, even if not being a legal expert, to submit their claim and to participate in the resolution proceedings. Our mediators assist the parties with the legal nuances, while being neutral and unbiased, so that the parties are able to arrive at a resolution seamlessly.
Our advanced matching module recommends a mediator depending on the nature of the dispute, and the pecuniary stakes, to a dispute. Our system takes into consideration the experience and subject matter expertise of the mediator before suggesting the mediator. After the mediator is recommended to the parties, the mediator and the parties are required to submit a no-conflict of interest form, subsequent to which the mediator will be appointed.
Our mediators are qualified legal professionals, with experience in adversarial and non-adversarial dispute resolution. Our mediators are subject matter experts garnering years of experience in the field of law.
We recommend that you submit only the documents that can support (a) the factual description that you provide, and (b) your claim under law. For example, if you are claiming damages for wrongful termination of employment, we would recommend that you submit (i) the employment agreement that establishes the employer - employee relationship, and (ii) the termination notice issued by the employer.
As a claim initiator, you have the right to choose the relief available to you under the law in force. You further have the right to receive any communication submitted by the respondent on the platform. This right extends to the respondent too, to receive any communication along with the claim submitted by you. While the proceedings are active, it is the responsibility of the parties to maintain confidentiality and participate in the proceedings with a clear intent to resolve the dispute.
We strictly follow principles of natural justice, i.e. both the parties are given equal opportunity to speak, and the mediator has no previous interest in the dispute or known to any of the parties. As for the procedure, we adhere to the statutory norms codified under The Mediation Act, 2023, and practice declared as law by the Hobble Supreme Court of India under Article 141 of the Constitution of India, 1950.
Once the mediator is appointed and the proceedings commence, it is a statutory requirement that the proceedings are concluded within a period of 120 days, with an option to extend by 60 days at the request of the parties. In case of an exigency, you may request for an abatement of proceedings, however, it is for the other side to agree or not agree to the request. The mediator cannot compel, order, or request the other side to agree.
Our fee structure is dependent on the type of dispute, which is equally borne by the parties to the proceedings.
Registration of claim, for private individuals is INR 4,999/-
Registration of claim, for commercial establishments is INR 6,999/-
Half of the registration fees will be passed on to the respondent at the time of final invoicing.
For the mediation proceedings, in addition to the registration fees, we charge an hourly sum, which is applicable to both the parties.
Private individuals: INR 750/- per hour, each party.
Commercial establishments: INR 1100/- per hour, each party.
Technical Support |
If in case you face a technical issue while using iResolve, please write to support@iresolve, while mentioning your Claim number.
You can upload supporting documents through the platform after registering yourself as a claim initiator or a claim respondent.
We recommend PDF format for files, and JPEG format for images, for document security purposes.
To schedule a meeting with our counsellor, you can select a date and time (during business hours) on the platform as per your convenience. To schedule a date of proceeding, the parties will have to mutually agree upon a date and time, which will be recorded on the platform.
In order to maintain transparency and fair proceedings, we do not allow any party to contact the mediator outside the platform. If in case of an exigency, you may write to the mediator through the platform, which will be shared with the other party too. You may, however, contact the other party at your discretion at any time. But we recommend, in the interest of openness and fairness, you disclose to the mediator if you have contacted the other party at any time while the proceedings are active.
We have provided a progress tracker in the platform, which will keep you informed of the progress of the proceedings.