Court Litigation, ADR, Technology and Access to Justice

SoftSettle Support

COURT LITIGATION
Litigation is very costly and expensive. Every citizen has the right to seek satisfaction for his or her grievances in the courts. The problem is paying the bills. A trial of a complex business case normally takes months; some have gone far for more than a year.

Examples of the fees and expenses required to pay are lawyers’ fees, expert witnesses’ fees and others associated fees. Notably, the pre-action stage of proceedings can often be a very time-consuming and an enormously costly exercise. In addition, the uncertainty of the period of time that a trial might use will raise the expenses and fees time to time.

Other disadvantage of litigation is it is more benefit to wealthier party. Litigation is not a process of solving problems, but a process of winning arguments. Wealthier party is enable and affordable to hire an experienced and good lawyer to engage in the lawsuit. Judge and jury can be easily convinced by a good lawyer whom has strong convincing skill.

Litigation is adversarial, which means less regard to fair solution. Court decisions might not acceptable to either party, result in disturbance of commercial relationship. Adjudication of court results in win-lose scenario and not a mutually acceptable decision.
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ADR
Giving adequate attention to important decisions tends to be very time consuming, especially in multiparty negotiations, mediations in its traditional form. Not all forms of ADR are quick, in fact some forms of ADR require a client to pass through many stages before adjudication.
ADR is not always cheap, and can be as expensive as court action. Drawn-out negotiations involving professionals can be very expensive, both in time as the process used to creep and crawl and unutilized negotiation energy.

TECHNOLOGY
In recent years, the legal sector has seen the introduction of numerous software designed to make legal work more efficient. In some cases, the software is able to automatically analyze court and tribunal cases or even produce “better quality” work than that traditionally done by paralegals. On the flip side, this software is also able to reduce legal costs, and work towards closing the justice gap by helping those who aren’t able to afford a lawyer or qualify for legal aid, access appropriate legal resources.

Online dispute resolution was sup¬posed to take over the legal profession. With the rise of the Internet, ar¬tificial intelligence and other clever bits of technology, lawyers would be able to solve legal disputes with computers, not courtrooms and judges.

ODR promotes a virtual scenario to facilitate the mediator or any presiding officer interacting with the disputing parties. By formulating a technology stimulated ambience, ODR has cleared a way for bringing justice most transparently and thus winning the trust of the people.

The approach to justice will become easier and quick with the aid of technology supported ODR. A key advantage of resolving disputes through the use of cyber-resolution is that it avoids the issue of whether a particular court has jurisdiction over the dispute. Since disputants can bind themselves to resolution through an agreement, jurisdictional issues can be avoided altogether.

The claim of saving court litigation expenses used to be the primary advantage of the traditional dispute resolution. The business segments all around the world is experiencing a tough time as the result of the recession prevailing and dominating in all countries. It has become indispensable for even ordinary individuals to stabilize their financial position at this juncture. Hence to a great extent Online Dispute Resolution has become a blessing to the society so far as this method can be adopted to make the resolution process most cost effective. The online resolution mechanisms eliminate the need for physical travel which used to be long and tedious one to reach particular forum to participate in the alternative dispute resolution process. This level of convenience obviously saves both money and time.

ACCESS TO JUSTICE USING SOFT SETTLE
Considering the technical inputs to simplify the process to accessing to justice, SoftSettle Support has built a platform Soft Settle where technology can interact with disputes with fast and fair criteria being integrated for an efficient mode of case management so as to reduce the cost and bring justice to the parties without any complications, hassles and leaving no room for tensions or stress for the parties what they are forced to experience during the court litigation and ADR

The digital platform Soft Settle helps people deal comprehensively with their legal problem and encourages a mediated settlement rather than recourse to lawyers and courts. Agreements reached through collaboration and respective generous interests of the parties tend to more effective and proposes a harmonious bondage paving way for an accurate judicial reasoning and in every ways rather efficient than decision imposed by judges.

Technology must be utilized to better assist Indians and other Asians get fair and proper access to justice.

Soft Settle is on the mission to make the law accessible – with the Artificial Intelligence igniting the fire hence calls for technological legal tools. Soft Settle revolutionizes the legal assistance technology that suits the needs of ordinary people – and that extends to low-income and disadvantaged Indians and Asians.

Can a loan default be the final of everything?

By SoftSettle Support

Repaying a loan and keeping up with the EMI can be quite an uphill task. This may bring worries and all ways tends to be anxious about the tomorrow’s consequences. But it is a guaranteed fact that the default of loan is not end of everything.

You have reasons to believe that your worries could haunt you. But SoftSettle Support can safeguard the interests of the loan defaulters.

Once you file a case in the case management segment of portal www.softsettle.com or mobile app. under the banner of Soft Settle or SoftSettle Support the defaulter may get an opportunity to interact virtually with their creditors say bank. This interaction would bring down the fuming stance adopted by the creditor or bank. This will provide the defaulter a positive chance to negotiate with Creditors through which banks can restructure the loan. The period of loan can be rescheduled and EMI can be reshuffled.

Owning a house or a car is a dream come true for many because of the easy availability of loans. In the last few years with an increase in the standard of living particularly in the metros, the once conservative and loan-averse investor is now willing to take on loan commitments to satisfy even leisure requirements. However, if you find that you are in a situation where you will not be able to meet your loan obligations, what do you do?

That is why a defaulter is facilitated with virtual interaction with the creditor and creditor can perceive how genuine the defaulter’s intent and case is, the creditor may look for various feasible solutions subject to the participation in the e-Resolution process powered by Soft Settle through which a creditor can benefit of the agreement generated as a result of e-Resolution and the defaulter could be able to retain his asset and safeguard his/her CIBIL rating.

With the Soft Settle decides over the rescheduling of the time and reshuffling of the EMI, the defaulter should consider the immediate relief it can bring to their current situation. Again when a defaulter gets confronted with better time he/she can try negotiating with the Bank for settling their payment against loan by higher EMI or prepayment.

Hence escaping from the problem is cowardice. It is the right time to ponder over options and do not undergo emotional stress which could end up losing your asset. Soft Settle is there to support you so far you are intent to pay off the loan that should be evident to the creditor.

The other thing Bank would enjoy as Soft Settle provides the platform for resolution, where debtor would be alerted in each intervals during the period of repayments like early intervention, middle level intervention and final intervention. Hence there is no opening for the debtor to go for frequent defaults and the debtor will be saved from being subjected to the harassment and pressurization of the Recovery agents authorized by the Banks and above all from getting clasped in between the sharp claws of CIBIL.

Soft Settle offers the parties to the dispute a win-win proposition.

As such you can believe, Soft Settle is your friend. A friend in need is a friend indeed.

Technology in Dispute Resolution

By Adv.Rajesh, Chief Co-ordinator, ODR, SoftSettle Support Pvt. Ltd.

So far as most of the states of India and the countries like UAE, Qatar in Western Asia are booming MNCs, Corporations and IT companies it has become a challenging affair for business people to look forward to find a reasonable dispute resolution mechanism to settle the business disputes within the country and across their borders. As such when I was asked by some professionals from India to build an online segment in a portal which could cater to the needs of the business people in respect of settling their disputes, I had no second thoughts of integrating an ODR Club and ODR Resolution Center in the form e-courts in the portal under the domain of www.softsettle.com, making the justice possible by means of e-negotiation using self automated and stimulated software. In this context I would like to share some of the information I gathered, with you.

ODR promotes a virtual scenario to facilitate the mediator or any presiding officer interacting with the disputing parties. By formulating a technology stimulated ambience, ODR has cleared a way for bringing justice most transparently and thus winning the trust of the people.

The approach to justice will become easier and quick with the aid of technology supported ODR. A key advantage of resolving disputes through the use of cyber-mediation is that it avoids the issue of whether a particular court has jurisdiction over the dispute. Since disputants can bind themselves to resolution through an agreement, jurisdictional issues can be avoided altogether.

The claim of saving court litigation expenses used to be the primary advantage of the traditional dispute resolution. The business segments all around the world is experiencing a tough time as the result of the recession prevailing and dominating in all countries. It has become indispensable for even ordinary individuals to stabilize their financial position at this juncture. Hence to a great extent Online Dispute Resolution has become a blessing to the society so far as this method can be adopted to make the resolution process most cost effective. The online resolution mechanisms eliminate the need for physical travel which used to be long and tedious one to reach particular forum to participate in the alternative dispute resolution process. This level of convenience obviously saves both money and time.

This method invokes special attention of the business people so far as the features like convenience, transparency, competitiveness, neutrality to an extent strange to the traditional alternative dispute resolution (ADR) process. In addition ODR benefits the business community across borders and ODR is a borderless “service business” opportunity.

The parties to the dispute may be fairly relieved so far as they need not confront with each other directly. The virtual ambience facilitates the parties to enjoy a non-confrontational state of affairs so as to reach a settlement.

The willingness to integrate technology inspite of reservations about confidentiality is fueled by the belief that whatever is lost in terms of privacy is less valuable than what can be gained in terms of efficiency, transparency and convenience. So question remains answered without any second thoughts that people can forgo privacy for transparency.