Pre-Conflict Management – 5-step Process
Step 1: Learn and explore the dispute resolution options: (Negotiation, Mediation, Conciliation, Arbitration, Litigation.)
How are these dispute resolution process conducted? What is the difference between these processes? Which choice is more beneficial: ad-hoc or institutional? Do I have international support in these dispute resolution processes to support my global business?
Step 2: Understand the possible permutation & combination with the dispute resolution options
Is there a possibility to choose more than one dispute resolution option? Can I include a multi-tiered dispute resolution clause? If yes, what are the additional benefits? What are my other possible favourable combinations? What factors do I need to keep in mind to create the best combination?
Step 3: Analyse the suitability of the chosen dispute resolution option/ combination
Which combination of dispute resolution process gives me a good cover for my resources: people, money, investments, expansion plans, and time? Will my preference be a compatible choice for the counter-party who signs the commercial document with me?
Step 4: Choosing and finalising the dispute resolution option/ combination
Do I have complete liberty under Indian or International laws to choose and create my combination of dispute resolution options? Do I have to choose different dispute resolution options for my local, national, and international business affairs?
Step 4: Drafting the finalised dispute resolution option/ combination
How important is a written document? In what form a written document is valid? Who should sign? How can this drafting be incorporated into the primary documents of the corporate organisation policies at the workplace?