Team Legistify | Legistify

Team Legistify
Answered on 23 Sep 2019

Property mutation (transfer of title) is a mandatory process in all legal transactions involving the property. By mutating the property, the new owner gets the revenue records to his name. Mutation property is used to prove the ownership of a particular land. You have to check the tax receipt and get the information from the tax department. However, it's not legally binding, mutation of property is important as it stands as the proof of ownership and might act as a tax record. Consult a property lawyer in India.Read More

Posted on 17 Sep 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 22 Aug 2019

If the mediation resulted in a settlement or agreement, once the petitions are signed and the payment is made, the lawyers will send a dismissal order to the judge who signs the order. At that point, the legal case is resolved and in most civil cases the parties will not need to return to court.Read More

Posted on 20 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Arbitration - Types of Disputes: Arbitration is a non-voluntary alternative dispute resolution process. Unlike mediation, a knowledgeable, independent, and impartial third party is empowered to make a decision. The arbitrator hears the disagreement between one or more parties and after considering all relevant information renders a final decision in favor of one of the parties. Arbitration decisions may be either binding or non-binding, depending on the terms of the arbitration agreement. Binding arbitration decisions may be confirmed by a court and carry the same significance as a court judgment. What Types Of Disputes Can Be Arbitrated? Any type of disagreement can be arbitrated, including contract disputes involving businesses and consumers, domain name disputes, employment claims, real estate and construction issues, and tort and civil rights matters. Generally, arbitration is utilized when there is some sort of adversarial situation and continuing an amicable relationship is not a top priority.     Read More

Posted on 05 Mar 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Once you have filed your complaint online with CREDAI, you will be provided with a date when CREDAI will carry out its mediation proceedings in which your case will be taken up. At the mediation proceedings, CREDAI will take up the cases of different builders separately. If there are several other buyers who have a similar complaint as yours then those complaints will be clubbed together. You can however always speak up and make your own points if you wish to. Mediation proceedings are informal and do not have any strict rules of procedure. There will be a mediator from CREDAI and a representative from the builder or developer present there. The mediator will try and reconcile the issue between both sides till a settlement is arrived at. The settlement will be recorded in an order right there and then. This order will be signed by the mediator, the buyer and the representative of the builder. This order in effect has the sanctity and force of an order of a court and if binding on the parties like a contract. Read More

Posted on 22 Feb 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The outcome of a trial can usually be appealed. Arbitrationusually cannot be appealed. Arbitration is usually less formal than a trial. The rules of evidence may or may not be followed, depending on what guidelines the parties agree to. An arbitrator can be more flexible than a judge, because before the arbitration begins, both sides can agree to what guidelines and structure the arbitrator is to consider and follow in rendering the ‘arbitration award’. Read More

Posted on 05 Mar 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Mediation is a type of negotiation where a third party, a mediator, helps the parties come to an agreement. The mediator’s suggestions are non-binding; the parties don’t have to accept the mediator’s suggestions and can in fact reject any proposals if they feel their own interests aren’t served. The mediator can meet with both parties at once or with each party separately.  In contrast, arbitration involves a third party who listens to the case as presented by both parties. The arbitrator may be one person or a panel of persons. The parties sometimes choose the arbitrator and sometimes the arbitrator is chosen by a larger neutral third party. The arbitrator then makes a decision, which is binding on the parties. The arbitrator’s decision will be final unless the rules allow an appeal and both parties must abide by the arbitrator’s decision regardless of the outcome. Arbitration often looks like a judge deciding a case, except that the arbitrator doesn’t have to base his or her decision on law and the arbitrator’s decision is not a precedent for any future cases.  In summary, the differences are: -Mediation is nonbinding while arbitration requires both parties to be bound by the arbitrator’s decision. -The parties have more control in mediation while the arbitrator is the decision making party in an arbitration. -Mediation resembles a negotiation or settlement while arbitration looks more like a court proceeding, minus the judge, rules of evidence, and the court room trappings.  -Parties often go to arbitration because a contract directs the parties to arbitration. If parties go to mediation, it is more likely to be voluntary, although many courts, require parties go to mediation before any litigation. Read More

Posted on 19 Feb 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

As per bse arbitration rules, you have to first file an appeal within 7 days of the award to the appellate board. In case you are not satisfied with the appellate decision, then only you can approach a court of law for further challenge. Read More

Posted on 16 Apr 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The advantages of arbitration include: - Timely resolution and closure to complex issues - Lower costs than litigation - Privacy and confidentiality of issues and parties - Quick process avoiding court back-logs - Parties maintain more control over the proceedings than litigation - Opportunities for Parties to express their interests without objections - Limited case precedent and legal procedures - Ability to select arbitrator(s) Read More

Posted on 05 Mar 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Generally you give up the constitutional legal rights to have your disagreement decided in court of law by a judge or a jury in the court system. Under a few limited circumstances, such as after-discovered bias on the part of the arbitrator, arbitrary and capricious decisions, or newly-discovered evidence, a party may ask the court to reconsider or overturn an arbitrator’s decision. Most arbitration awards are binding. There are some exceptions, for example, in workplace matters.  Read More

Posted on 05 Mar 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

So far as Arbitration is concerned it is a form of alternative dispute resolution (ADR) which allows disagreements between two parties to be resolved outside of the traditional court system. The parties to a dispute will refer it to one or more persons - known as the 'arbitrators' by whose decision or award they agree to be bound. Now coming to the AD HOC ARBITRATION, it is one which is initiated by the parties, it is not administered by an institution such as the Court or Tribunal. The parties will therefore have to determine all aspects of the arbitration themselves. Provided the parties approach the arbitration with cooperation, ad hoc proceedings have the potential to be more flexible, faster and cheaper than institutional proceedings. The absence of administrative fees alone provides an excellent incentive to use the ad hoc procedure. Read More

Posted on 19 Feb 2017 | 2 Answers