In a separation or divorce, ex-couples frequently struggle with problems including child custody, child support, and property split. Unfortunately, not all divorcing or separating couples can come to an agreeable agreement on their own, and solicitors cork city. As plans for life after cohabitation or marriage are established, it often leads to animosity and conflicts. In these situations, family lawyers have a variety of dispute resolution techniques at their disposal to assist ex-spouses in reaching a settlement that they are both happy with.
Alternative Dispute Resolution
A variety of conflict resolution techniques known as alternative dispute resolution (ADR) are utilized to resolve family law disputes outside of court. The approaches to resolving disputes are consensual and typically take a cooperative rather than a confrontational stance. Except for situations where the ex-spouses have a history of abuse, family courts require parties to employ ADR alternatives before turning to litigation. Mediation, arbitration, negotiation, and collaborative family law are the most popular ADR techniques employed by family lawyers to assist separated couples in resolving their family law disputes.
Mediation
Conciliation, another name for mediation, is a process where disputing parties resolve problems, they need a professional mediator's aid, allowing ex-spouses and their attorneys to defend their interests in a neutral and non-aggressive setting. As agreements are made, disputants may meet with the mediator jointly or separately.
Arbitration
If mediation cannot reach an agreement, family lawyers may pursue arbitration on behalf of their clients. In arbitration, the parties choose one or more arbitrators who will decide the case at hand. Arbitrators analyze the facts after hearing the arguments from both sides and then conclude. While there are recognized procedures for arbitration, parties might develop their own rules that serve as a general framework for the proceedings. Except in exceptional cases involving fraud or collusion, the arbitrator's ruling is final and enforceable.
Family law collaboration
To settle disagreements, collaborative family law is like bargaining. The distinction is that an attorney representing each party's interests must be present. Ex-spouses and their attorneys work together to resolve contentious situations. This technique is not governed by any established rules. However, for collaboration to be productive, both parties need to be dedicated to settling their disagreements.
Negotiation
Ex-spouses and their respective attorneys collaborate throughout negotiations to find solutions to problems. Email, phone calls, in-person meetings, and other formats are just a few examples of how to negotiate. Family lawyers advise their clients on how to decide on the issues that come up in divorce and then relay their preferences to the other side. Disputants don't need to hire attorneys throughout this process, but it is recommended to make sure your interests are protected.
Litigation
The most well-known form of dispute resolution is likely litigation. Many people have either experienced it firsthand or have seen media accounts of incidents. Taking legal action against someone with whom you disagree is what litigation entails. Attorneys for family law defend their clients in court as they work to resolve dispute resolution solicitors. Both litigation and arbitration involve a judge or jury deliberating on the facts and arguments presented by both parties before rendering a decision. However, litigation is more aggressive and governed by stringent regulations and court procedures. All parties are required to follow the court's ruling.
Conclusion
There are numerous forms of disagreements that the legal system can settle. Through a collaborative process, some disputants will not be able to come to a resolution. In some cases, a resolution to a conflict requires the use of state coercion. Perhaps more essential, many people desire a qualified advocate when they are involved in a disagreement, especially when it involves alleged violations of their legal rights, legal wrongdoing, or the prospect of legal action.
Pre liberalization, competition law in India was governed by the Monopolies and Restrictive Trade Practices Act, 1969 (“MRTP Act”).
Based on principles of ‘command and control’, the MRTP Act was enacted to prevent concentration of economic power in the hands of a few, control monopolies and to prohibit monopolistic, restrictive, and unfair trade practices.
It was only in the 1990s when India transitioned into a free market-based economy that the need for an effective competition law regime arose.The MRTP Act was repealed since it had outlived its effectiveness and purpose and the Competition Act, 2002 (“Act”) was enacted to replace it.
However, substantive provisions of the Act relating to competition law enforcement came into force only on 20th May 2009.
The Competition Commission of India (“CCI”) was established to enforce the provisions of the Act with the overarching objectives of preventing practices having an adverse effect on competition in India, promoting and sustaining competition in markets, protecting the interests of consumers, and ensuring freedom of trade.Tatva Legal, Hyderabad provides comprehensive dispute resolution related legal services and our team of experienced lawyers have advised on a multitude of litigations involving complex matters of law, amongst other services.Read More : https://tlegal.com/blog-details/who-can-be-david-to-bring-down-goliath
