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Frequently Asked Questions

What is ADR?
WeSolve promotes diversity and inclusion by providing a safe and inclusive work environment, actively recruiting from diverse backgrounds, and offering regular training on diversity and inclusivity.
What is the purpose of ADR?
Tribunal” is another way of referring to the arbitrator (or arbitrators) appointed to decide a dispute. Where three or more arbitrators are appointed, the arbitrator in charge of the panel of arbitrators, and often the day-to-day running of the arbitration, is called the “chair” or “presiding arbitrator”.
What is a tribunal?
The purpose of ADR is to provide a quicker, less formal and less expensive alternative to traditional court proceedings for resolving disputes.
Can the tribunal’s decision (an “award”) be appealed?
Generally, it is quite hard to appeal (or “challenge”) a Tribunal’s Award. Usually, a challenge can only be made where the proper legal processes for the arbitration were not followed or there is a question of law.
How does WeSolve address reports of discrimination, harassment, or hate speech?
WeSolve has a zero-tolerance policy towards discrimination, harassment, and hate speech. Reported incidents are promptly investigated and appropriate actions are taken to maintain a safe and respectful environment.
How does WeSolve promote diversity and inclusion within its team and work environment?
WeSolve promotes diversity and inclusion by providing a safe and inclusive work environment, actively recruiting from diverse backgrounds, and offering regular training on diversity and inclusivity.
How does WeSolve address reports of discrimination, harassment, or hate speech?
WeSolve has a zero-tolerance policy towards discrimination, harassment, and hate speech. Reported incidents are promptly investigated and appropriate actions are taken to maintain a safe and respectful environment.
What are the Advantages and Disadvantages of ADR?
Speed: ADR processes are often quicker than traditional court proceedings, as they are less formal and less bureaucratic. 

Cost: ADR can be less expensive than court proceedings, as there are usually fewer legal costs involved. 

Confidentiality: ADR is typically confidential, which can be important in certain types of disputes, such as commercial disputes or employment disputes. 

Flexibility: ADR provides more flexibility than court proceedings, as the parties have more control over the outcome and can tailor the process to their specific needs. 

Cooperation: ADR can promote cooperation between the parties, as they work together to find a mutually acceptable solution to their dispute.
Can I go through arbitration without an attorney/ Legal Representative?
Arbitration is less formal than going to court, and you may represent yourself. However, you should keep in mind that arbitration is a legal proceeding that results in an award that is generally final and binding. Because your legal rights are involved, you may choose to consult with and be represented by an attorney/ legal representative. Whether a business or an individual, all parties to the arbitration proceeding have the same option whether or not to be represented by an attorney/ legal representative. Because of WeSolve’s neutral and impartial role in the arbitration process, WeSolve and its employees cannot recommend or provide attorneys/ legal representative to parties in arbitration. If you do not have an attorney/ legal representative and wish to be represented by an attorney in arbitration, you may want to contact your local bar association or another legal service organization for a referral.
How do I know the arbitrator is neutral and impartial?
Before they accept appointment to a case, all arbitrators are responsible for providing a complete disclosure that would lead to any apprehension of bias towards any party. If the arbitrator has any such relationships, all of the parties will be provided that information. After the parties are given that information, they are given the opportunity to comment on whether that individual should remain as the arbitrator in light of the disclosure. 
What are the benefits of Arbitration?
1. Arbitration is a less formal process than court litigation.
2.Parties are free to appoint their own arbitrators, engage their preferred counsel and choose the procedures and rules for the conduct of the arbitration. 
3.Parties are generally assured of finality once the arbitration award is issued as there are limited avenues for appeal against an arbitration award. 
4.The arbitration process can be more cost-effective and efficient than court litigation.
Is the outcome legally binding and enforceable?
As per the Arbitration and Conciliation Act, 1996, an arbitration award is final and binding on the parties and enforceable as if it were a decree of the court. A settlement agreement made in pursuance to mediation proceedings shall be final and binding on the parties and the terms of settlement shall have to be recorded in a conciliation agreement and it shall have the same status and effect as if it is an arbitral award.
Can a party commence arbitration without an arbitration clause?
Yes. Once a dispute is registered on WeSolve by a party, an invitation will be sent by WeSolve to the other party. Once accepted, the ADR Process will commence on We-Solve’s platform.
What is the Role of WeSolve in resolving disputes?
WeSolve does not undertake any adjudicatory functions and only provides administrative assistance for the conduct of the ADR Process by way of physical/ virtual/ hybrid means. It empanels independent, qualified neutrals with the required competence, knowledge and expertise on its panel. Being a neutral and independent platform, WeSolve has no interest in the outcome of the dispute or any conflict of interest with the dispute or the disputing parties.
What is Mediation?
Mediation is a form of Alternative Dispute Resolution (ADR) where a neutral third party, known as a mediator, facilitates communication and negotiation between the disputing parties to reach a mutually acceptable resolution. The mediator does not make a decision or impose a solution, but instead helps the parties to find a solution that the Parties can agree upon with the intent to resolve the dispute amicably. Mediation is a confidential, non-binding and solution oriented process.
Can I initiate mediation in a matter pending before a court?
Mediation can be initiated at any stage of the proceedings. It can be initiated at the beginning of a dispute or when the matter is before a court. It would always be better to initiate mediation at the beginning, as the parties would be less hostile.
Can we bring lawyers to represent our case in mediation?
Yes, you can. In fact, mediation would become more successful when the parties’ advocates or advisers are knowledgeable and skilled in the process. Trained mediation advocates can bring value addition to the process and outcome.
How can we be sure that the conversations in mediation are confidential and will not be taken as evidence in other proceedings?
The entire mediation proceedings are strictly confidential and what has transpired in the proceedings is treated as confidential there is an express bar with respect to the same under section 81 of the Arbitration and Conciliation Act, 1996.
How does WeSolve ensure user accessibility and inclusivity on its platform?
WeSolve regularly updates its website to ensure accessibility for individuals with disabilities and welcomes user feedback to enhance inclusivity and user-friendliness.
What makes arbitration different from going to court?
As set out above, arbitration and going to court (which is sometimes called “litigation”) are quite similar. They allow parties to resolve their disputes, and result in a binding decision that the parties are required by law to obey. There are, however, important differences between arbitration and litigation, which often make arbitration a better choice for resolving a dispute:
1. Arbitration is more flexible;
2.Arbitration makes it easier to obtain money kept overseas;
3.Awards are almost always final;
What policies and practices does WeSolve have to promote diversity, equity, and inclusion?
WeSolve implements policies for equal opportunity employment, pay parity, no retaliation, zero tolerance for harassment and bullying, and complies with POSH regulations to foster diversity, equity, and inclusion. These policies are regularly reviewed and updated.
What is the difference between arbitration and mediation/conciliation?
In the arbitration, the arbitrator looks into the legal rights and wrongs of a dispute and makes a decision. Once the arbitrator has arrived at a decision, it is binding on parties whether they agree with it or not. It is very much like the way a court case is decided by a judge, except that the process does not take place in a court room, and it is not open to the public. As in a court case, there is usually a winning and a losing party in the arbitration.
In the mediation, the mediator, essentially, helps parties to settle their disputes by a process of discussion and narrowing differences. The mediator helps the parties to arrive at an agreed solution. He does not decide the dispute. A successful mediation results in an agreement signed by the parties, whereas a contested arbitration results in a decision by the arbitrator himself without the agreement of the parties. In the mediation, there is no such thing as a winning or losing party, because there is no binding decision without both parties agreeing to one. 
How does WeSolve ensure user accessibility and inclusivity on its platform?
WeSolve regularly updates its website to ensure accessibility for individuals with disabilities and welcomes user feedback to enhance inclusivity and user-friendliness.
What policies and practices does WeSolve have to promote diversity, equity, and inclusion?
WeSolve implements policies for equal opportunity employment, pay parity, no retaliation, zero tolerance for harassment and bullying, and complies with POSH regulations to foster diversity, equity, and inclusion. These policies are regularly reviewed and updated.
When is the right time for a binding ADR process?
A dispute may be ready for a binding ADR process at any time the contract provision or state law may require the use of a binding ADR process binding arbitration may be most cost-effective following a mediative process issues and differences can be narrowed and focused.
A binding ADR process should be chosen when the parties have decided that they prefer not to settle the dispute, but do not want to go through the public court system. A binding ADR process can be initiated at any time.
Who are the arbitrators?
WeSolve arbitrators are independent, impartial decision-makers chosen for their knowledge, case experience, integrity, and dispute resolution skills. The Panellists of WeSolve are highly accomplished and respected experts in their fields. WeSolve arbitrators are trained in a comprehensive program by the We- Solve to manage the dispute resolution process with fairness and skill, and an eye toward time- and cost-efficiency. 
What is a Preliminary Meeting?
During the Preliminary Meeting, the parties and the arbitrator discuss the schedule of the proceedings and handling of the case. This might include a brief discussion of claims, scheduling of the hearings, the document submission date, establishing dates for exchange of information between the parties, and any other preliminary matters the parties or arbitrator wish to discuss. After a preliminary meeting is held, the arbitrator issues written orders that state the arbitrator’s decisions made during or as a result of the preliminary meeting. 
Are the Resolution Proceedings confidential?
While the platform, technology and process have been designed and developed keeping in mind confidentiality obligations applicable to dispute resolution, the applicable laws bind the parties, practitioners and providers to confidentiality. Accordingly, all proceedings facilitated and administered on the WeSolve platform are confidential except where disclosure is necessary for purposes of implementation and enforcement. 
What happens if the responding party does not participate in the proceedings?
Mediation / conciliation / negotiation proceedings are voluntary in nature, and require consent and participation of all parties to the dispute. In this case, non-participation would render the proceedings a non-starter and the matter will not be proceeded with.
In case of arbitration, notwithstanding non-participation by a party, the arbitration proceedings may continue and the arbitrator may proceed with the adjudication of the dispute based on the evidence before the arbitrator. It is recommended that all parties should participate in the proceedings for proper resolution of the dispute.
Can ADR be used in all types of disputes?
ADR can be used to resolve a wide range of disputes, including commercial disputes, employment disputes, and family disputes. However, some types of disputes, such as criminal cases and cases involving public policy may not be suited for ADR.
Does WeSolve review awards?
We- Solve does not formally review or scrutinise the awards rendered by tribunals, but may read through for typos if requested to do so by the arbitrators.
The proper decision maker(s) in an arbitration should always be the arbitrator(s); it is not for an institution to form its own views on a case. WeSolve instead addresses the quality and enforceability of awards through its role in the appointment process and its robust administration procedures. 
What happens after an Arbitral Award is passed?
Parties are required to carry out the arbitral award immediately and without delay to avoid serious consequences as provided under the law. Challenge to an arbitral award may be made by approaching a court of competent jurisdiction within the prescribed time limit.
What is mediation? How it is different from litigation or arbitration and what is the advantage?
Mediation is a settlement effort, which utilizes the services of a neutral in an effort to reach a mutually acceptable settlement between the Parties. Mediation provides an efficient, effective, speedy, convenient and less expensive process to resolve disputes. In mediation, ultimately the resolution is made by the parties and no decision is imposed on them. But in courts and other systems like arbitration, the decision is taken by the Judge or an Arbitrator and the decision is binding and imposed upon the parties, whether they like it or not. Mediation helps maintain ongoing relationships and resolve the dispute amicably. 
Can mediation and arbitration be combined?
Yes, but it is tricky and may not be advisable. Conflicting parties may choose what is sometimes called “binding mediation,” though many professional neutrals (the arbitrator or mediator) do not recommend creating a situation in which one neutral assumes both roles. 
In “med/arb”, with the consent of the parties, the mediator first attempts to help the parties settle their dispute. If this effort proves unsuccessful, the parties agree that the mediator may then act as an arbitrator and render an award.
In “arb/med”, the neutral first acts as an arbitrator who, after hearing the evidence, renders an award which is kept secret. The parties then attempt, with the help of the neutral acting as mediator, to settle the case. If they are unsuccessful, the award is revealed and the parties are bound by it.
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