Frequently Asked Questions
Presolv360 is a neutral and independent platform providing Alternative Dispute Resolution (“ADR”), as well as Online Dispute Resolution (“ODR”) services, via its proprietary dispute resolution modules.
ODR involves using legally recognized ADR mechanisms to resolve disputes in an online environment. It is a modern counterpart of ADR and refers to the use of technology to resolve disputes out-of-court, by adopting various mechanisms such as arbitration, conciliation, mediation, negotiation or a combination thereof (collectively referred to as “ADR Process”). It has the potential to solve for one of the most challenging problems faced by humanity –‘access to justice’. Click here to access Presolv360’s concept note on ODR.
ODR is not a separate mechanism, but conduct of the ADR Process in an online environment. Accordingly, the law not only permits ODR, but it has also gained wide recognition in India from the judiciary, the government and business enterprises. Click here to view the Technical Notes on Online Dispute Resolution by United Nations Commission On International Trade Law. Click here to read the report by The NITI Aayog Expert Committee on ODR.
Presolv360 is a pioneer of ODR and one of India's most trusted platform for dispute resolution. It is the one of the only ODR platforms to be empaneled as a Mediation Institution by various Courts in India.
Presolv360’s advisory council consists of Justice U U Lalit, former Chief Justice of India, Justice B N Srikrishna, former Judge of the Supreme Court of India and Justice K Kannan, former High Court Judge.
Presolv360 does not undertake any adjudicatory functions and only provides administrative assistance for conduct of the ADR Process on its virtual platform. It empanels independent, qualified neutrals with the required competence, knowledge and expertise on its panel. Being a neutral and independent platform, Presolv360 has no interest in the outcome of the dispute or any conflict of interest with the dispute or the disputing parties.
Presolv360 administers dispute resolution via its proprietary modules, ‘Arbitration360’ and ‘Mediation360’. Click here to watch an explainer video.
Arbitration360 refers to Presolv360’s electronic arbitration module wherein disputing parties are bound by an award made by the arbitrator. Parties opt for arbitration in the event they desire a decision by an independent adjudicator.
Mediation360 refers to Presolv360’s electronic mediation module wherein disputing parties mutually opt to settle the dispute with the help of an independent neutral. Parties shall opt for mediation in the event they desire a negotiated settlement. The Mediation360 module can also be used to facilitate conciliations, negotiations or a combination thereof.
To incorporate ODR as a dispute resolution mechanism in your contract :
- Insert an appropriate clause under the heading ‘Dispute Resolution’ or under a similar section in the contract; [Please ensure that there are no conflicting dispute resolution clauses under the heading “Dispute Resolution” or “Arbitration” or under a similar section in the contract. In case the contract is already executed, parties can still opt for ODR mechanisms by agreeing to it by an exchange of letters / emails.]
- The ‘Notice’ clause in the contract should enable parties to serve notices / communications by email, text message and tele-messaging applications such as WhatsApp; and
- The ‘Governing Law’ clause in the contract states that the contract is governed by and construed in accordance with the laws prevalent in India.
Click here to view the model clause. Click here to access the governing documents for resolving disputes on Presolv360’s ODR platform.
- Cloud-based end-to-end ODR platform accessible from desktops, laptops and smartphones
- Smart case management tools
- Email, WhatsApp and SMS integration along with real-time tracking
- Automated phone system technology
- Automated case allocation tool to randomize the process of assignment of neutral
- Automated document workflow
- Pre-formatted documents
- E-signatures and e-stamping
- E-signatures and e-stamping
- Automated settlement builders
- Blockchain-based trace trail of proceedings
- Machine-intelligent chatbots
- Auto-generated reports on dispute trends
The empanelment is based on profile verification, tutorials, trainings and performance evaluation. Such empanelment does not entail any fee. Drop an email to info@presolv360.com to begin the empanelment process.
A dispute can be resolved on Presolv360’s ODR platform when :
- The contract contains an appropriate dispute resolution clause;
- Acceptance of invitation to resolve on Presolv360’s ODR platform;
- Parties make a joint application; or
- Dispute is referred by a court, tribunal or regulatory authority.
Yes. Once a dispute is registered on Presolv360’s ODR platform by a party, an invitation will be sent by Presolv360 to the other party. Once accepted, the ADR Process will commence on Presolv360’s ODR platform.
All notices, updates, information and documents will be communicated in real-time via email and messaging applications such as SMS / WhatsApp and can also be viewed in real-time by logging in to Presolv360’s ODR platform. Click here to read about service through emails, WhatsApp and messaging applications.
Oral hearings can be conducted virtually on party-preferred audio / video-conferencing applications.
The fees will be determined on the basis of the number of parties, quantum of claim and complexity of the dispute. To know the fee applicable to you, contact us at info@presolv360.com .
Depending on the dispute and the mechanism employed, resolutions have been achieved in as little as 3 hours to an average of 27 days
Presolv360 provides 24*7 administrative support to each party. In case you have received a notice from Presolv360, and you would like to respond, negotiate or propose a settlement, drop an email to admin@presolv360.com and include your case ID in the subject line.
Presolv360 is not a law firm and does not provide legal advice. Only a legal practitioner can provide legal advice. A legal practitioner should be consulted for any legal advice or matter.
Upon registration of a dispute, a neutral is assigned on behalf of all the parties after evaluating various factors such as :
- Dispute: nature, complexity and quantum
- Neutral: area of expertise, availability and ability to conduct the proceedings neutrally and fairly
- Parties: independence with the neutral
Parties may choose to be represented or assisted through an authorized representative for the proceedings. However, the professional charges of the authorized representative, cost of appointment and representation or any other incidental costs shall be borne by the appointing party. In relation to the arbitration proceedings, the arbitrator will have the discretion to determine whether costs are payable by one party to another, the amount of such costs and when such costs are to be paid. Click here to download the format of the Letter of Authority.
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.
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. The terms of settlement may also be recorded in a conciliation agreement and it shall have the same status and effect as if it is an arbitral award.
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.
To maintain integrity and independence of the ADR Process, parties shall not unilaterally communicate with the assigned neutral and the neutral shall not communicate unilaterally with any party. Any and all communication with the neutral shall be through Presolv360.
Presolv360 has implemented appropriate safeguards to prevent unauthorized access to any party’s information or documents and to maintain data security. Presolv360 employs encryption technology for protecting sensitive information. Presolv360 follows generally accepted industry standards to protect the information and documents submitted on the Presolv360’s ODR platform. However, no method of electronic transmission or storage is 100% secure. While Presolv360 strives to use commercially acceptable means to protect the information and documents of the parties, Presolv360 does not guarantee its absolute security and assumes no liability or responsibility for disclosure of any party’s information due to errors in transmission, unauthorized third-party access, or other causes beyond Presolv360’s control. The parties play an important role in keeping its information secure. Parties should not share its account information with any third party. Click here to view the ODR standards adopted by Presolv360.
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 Presolv360’s ODR platform are confidential except where disclosure is necessary for purposes of implementation and enforcement.
ODR proceedings entail the same validity and enforceability as the ADR Process. Further, ODR has already brought tremendous value to parties and experts for a variety of disputes as it is a quick, convenient and cost-effective way of resolving them.
Disputes can be resolved through recognised Online Dispute Resolution platforms in India that provide structured dispute resolution using alternative dispute resolution mechanisms like mediation, arbitration, negotiation and conciliation services using secure technology.
You can begin by selecting the ODR platform, submitting your dispute details online, and inviting the other party to participate in the process.
No. Many ODR processes do not require a lawyer, especially mediation. Legal advice may be taken optionally based on the complexity of the dispute.