To know how PresolvDirect works Click here

We have tabulated the benefits of resolving your dispute through PresolvDirect vis-à- vis the drawbacks of choosing litigation as a preferred form of dispute resolution:

Presolv360	Litigation
Collaborative	Adjudicatory
Confidential	Public affair
Quick and certain	Time-consuming and uncertain
Cost-effective	Prohibitively expensive
Convenient and effective	Loss of health and peace of mind
Safeguarding relations	Ruining relations

Once parties agree to submit their dispute to Presolv360 through PresolvDirect, a Certified Expert will be assigned who will guide the parties and assist them in resolving their dispute by adopting an appropriate ADR mechanism. The resolution process can be conducted online of offline based on the parties’ convenience.

To know the PresolvDirect fee schedule –click here.

The fees shall be borne by the parties in the proportion as may be mutually agreed upon by them.Usually parties prefer to pay equally.

You can choose PresolvDirect for existing disputes, which are already submitted to court or are likely to be submitted to court. Please do not choose PresolvDirect if your dispute is based on an agreement covered under an active PresolvSecure plan. To resolve a dispute through PresolvDirect, simply click here and fill this online form.

PresolvSecure is for those who want to protect their new or existing agreement from any dispute that may arise in the future, for a small periodic fee. When a dispute arises, the resolution shall be carried out by our panel of experts at no additional cost (subject to terms and conditions). All parties to the agreement must agree to be bound by the terms and conditions of PresolvSecure. PresolvDirect, on the other hand, is a dispute resolution service for disputes that have already arisen (and not covered by an active PresolvSecure plan), which may be at a litigation stage (i.e. dispute already submitted in court) or at a pre-litigation stage (i.e. dispute likely to be submitted in court). The disputing parties must agree to submit their dispute to Presolv360.

If you have an existing agreement or are about to enter into a new one, you can protect yourself and secure your agreement from adversities of disputes by choosing an applicable PresolvSecure plan by clicking here. If you have an existing dispute which has already been submitted to Court or is likely to be submitted to Court, you can choose to resolve through PresolvDirect by clicking here.

Any existing dispute that has been submitted to court or is likely to be submitted to court and is not covered by a PresolvSecure plan shall be covered under PresolvDirect. However, the following kinds of disputes are excluded and are beyond the scope of both PresolvSecure and PresolvDirect:

1. Disputes which involve public interest
2. Disputes relating to election to public offices
3. Disputes involving grant of authority such as grant of probate or letters of administration
4. Disputes involving serious and specific allegations of fraud, fabrication of documents forgery, impersonation, coercion, etc.
5. Disputes requiring protection of courts such as claims against minors and persons of unsound mind
6. Disputes involving prosecution for criminal and non-compoundable offences
7. Any dispute which the expert determines is resolved or has been raised an unreasonable number of times without substantial change of circumstance.
8. Any dispute arising out of war, civil war, invasion, insurrection, revolution, act of foreign enemy, hostilities (whether War be declared or not), rebellion, mutiny, use of military power or usurpation of government or military power.
9. Any other dispute as may be prescribed.

The duration of the resolution process may vary on a case-to- case basis. However, the Presolv360 team and the experts will make every effort to resolve your dispute as expeditiously as possible and endeavor shall be made to conclude the process within three months from the date of institution of the dispute.

When parties opt for PresolvDirect, they agree that the rights that may accrue under applicable limitation laws shall exclude the period commencing from the date on which the dispute is submitted and ending on the date on which the resolution process is concluded.

The resolution process for a particular dispute submitted to Presolv360 commences on the date on which it is accepted by Presolv360, and concludes on the date on which a settlement is arrived at (whether or not a settlement agreement is executed) or on the date on which the dispute is closed by Presolv360 through the Presolv Case Manager or Certified Expert.

The ADR mechanisms that may be adopted by the Expert include (but is not limited to) arbitration,conciliation, mediation, negotiation, neutral evaluation or any combination thereof, etc. The appropriate mechanism to resolve your dispute shall be selected by the assigned expert based on the nature and circumstances of the dispute.

Once a dispute is referred to Presolv360, a Presolv Case Manager will guide the parties right from raising a dispute until its resolution. If necessary, an empaneled Certified Expert may also be assigned to the case who will facilitate the dispute resolution process. Allocation of a case to an Expert shall be based on the experts’ competence, knowledge and ability to deal with subject matter of the dispute between the parties.

The experts empaneled by Presolv360 are from wide range of occupational backgrounds and educational levels, and are qualified professionals who are recognized in the field of dispute resolution and possess the required competence, knowledge and expertise to deal with disputes of varied magnitude and complexities.

We understand that disputes can be very stressful and drain valuable resources. We bring convenience to our customers by blending seamlessly with technology. Most of our services are available online and therefore, parties are not required to spend their valuable time and money for the sake of resolving their dispute. We bring dispute resolution right to your doorstep with our integrated online platform and simple video-conferencing systems that can be downloaded on smartphones,desktops and laptops. However, depending upon the complexity of a case, recommendations of the case manager and expert, and mutual agreement of the parties, the resolution process may be conducted in-person at a location that is mutually decided. However, the costs (including travel, location expenses and out-of- pocket expenses, etc.) shall be borne by the parties.

In case of PresolvDirect, it will be the responsibility of the initiating party to ensure participation of all other parties to the dispute. However, Presolv360 will assist the initiating party with the onboarding process.

Upon conclusion of the resolution process, once the parties agree to the terms of settlement, the said terms will be recorded in a settlement agreement which shall be final and binding upon the parties and persons claiming under them.

Resolution and settlements arrived at using ADR mechanisms that have been defined and codified by Indian laws shall be conducted in the manner so prescribed. The enforceability and binding nature of the resolution and settlement reached otherwise will take the character of a private agreement or contract, and can be enforced by a party alleging a breach.

We are determined to resolve every dispute with the help of our highly qualified and competent experts in a collaborative environment, without you having to face any adversities prevalent in litigation. In the US, about 95% of pending lawsuits end before trial through collaborative means of dispute resolution. Despite all odds, if the dispute still remains unresolved, parties may choose to pursue any other available remedy as may be advised to them. However, Presolv360 will not be liable for any costs or consequences which arise as a result thereof.

All persons involved in the resolution process shall maintain confidentiality of all information obtained before, during or after the resolution process, unless otherwise agreed to by the parties or required by applicable law. Information, records, reports or other documents and all communications made for the purpose of, in the course of, or pursuant to the resolution process shall be confidential and inadmissible in any legal, other arbitral or judicial proceedings, unless otherwise admissible or discoverable outside of the resolution process. No person involved in the resolution process shall give evidence or testify or reveal any information, documentation or communication made before, during or after the resolution process, in any legal, other arbitral or judicial proceeding. The aforementioned information or documentation includes but is not limited to:

1. Any views expressed and / or suggestions made and / or proposals for settlement made by any of the parties and / or their representatives during the resolution process;
2. Any admissions made by any of the parties and / or their representatives regarding the dispute between the parties; 
3. Proposals, suggestions or views expressed by the parties, experts or case managers; and 
4. The fact that any party and / or their representatives had indicated their willingness to accept a proposal for settlement.

However, if Presolv360 and / or the Expert is of the opinion that a party has acted in a manner that is fraudulent in nature or with criminal intentions, then such party shall have deemed to have waived its right to confidentiality.

For a quick and effective resolution, it is best that the disputing parties themselves participate in the resolution process. In case any party would like to be represented or assisted by an authorized representative or professional, kindly ensure that such representative or professional has full authority to do all such acts that may be necessary to resolve the dispute. For this purpose, kindly fill and execute a Letter of Authority – which can be downloaded by clicking here.

All parties must follow the rules specified in the Presolv Dispute Resolution Rules (‘PDRR’). To download a copy, please click here. The Presolv Case Managers and Experts are required to follow the Presolv Experts’ Guidelines (‘PEG’). To download a copy, please click here.

This is a plan that protects parties to an agreement in case a dispute arises in contractual relationships. For a small periodic fee, the parties can safeguard themselves from adversities of disputes that otherwise end up in court, and ensure a speedy and effective resolution by our empaneled experts, at no additional cost. We, thereby, help in preventing needless and burdensome litigation.

To know how PresolvSecure works Click here

PresolvSecure is a plan that secures you from all the adversities of a dispute that arise in a contractual relationship. It is a commitment by the parties to not go to court and rather attempt a quick, smooth and effective resolution through Presolv360, at no additional cost. Thus, for a nominal fee, PresolvSecure protects you from adversities of disputes and frees you from prohibitive costs,traumatic experiences, time-consuming processes and ruined relationships, forever.

Upon activation of your PresolvSecure plan, you gain access to Presolv360’s integrated online platform which displays all your agreements and plans in one place and allows you to raise a dispute at any time, simply and seamlessly. A Presolv Case Manager and a Certified Expert will be assigned to the dispute, who will guide the disputing parties and facilitate a quick and effective resolution, by adopting an appropriate ADR mechanism. This resolution can be conducted online and offline based on the parties’ convenience. Since you will be enrolled on an active PresolvSecure plan, all these facilities will be at no additional cost, subject to certain terms and conditions.

The PresolvSecure plan fee is based on your agreement type, number of contracting parties and contract value. To know your applicable PresolvSecure plan and its fee – Click here

The fees shall be borne by the parties in the proportion as may be mutually agreed upon by them.Usually parties prefer to pay equally. Any party can make payment of the fee and have it reimbursed from the other party / parties, as may be mutually decided.

We aim to simplify the resolution process when a dispute arises and to achieve that, here are some basic requirements. PresolvSecure requires parties to have a valid agreement and this agreement must contain the Presolv Dispute Resolution Clause (‘PDRC’). A draft of the clause is available Click here.

1. Parties may already have an agreement, in which case, the parties must download and execute a supplementary agreement, which is available here. Click here
2. Parties entering into a new agreement can download the relevant draft agreement from our repository, free of cost. All drafts on the website contain the PDRC. Access our repository free of cost here. Click here
3. In case you choose to draft your own agreement or have it professionally drafted, do not forget to include the PDRC therein.Click here
4. Consent of all parties either through the agreement containing the PDRC or the supplementary agreement, as the case may be, is mandatory.
5. Then simply purchase the applicable PresolvSecure plan, upload the agreement and never worry about a dispute again.
6. In case of any amendment, alteration or modification of the agreement, kindly inform Presolv360 and upload the revised agreement as well.

Yes, we have a repository of sample agreements. You can Contact Us to get a copy of the desired sample agreement. Do note that applicable duties, taxes, registration, etc. required for the validity of the agreement shall be the responsibility of the parties.

PresolvSecure is for those who want to protect their new or existing agreement from any dispute that may arise in the future, for a small periodic fee. When a dispute arises, the resolution shall be carried out by our panel of experts at no additional cost (subject to terms and conditions). All parties to the agreement must agree to be bound by the terms and conditions of PresolvSecure. PresolvDirect, on the other hand, is a dispute resolution service for disputes that have already arisen (and not covered by an active PresolvSecure plan), which may be at a litigation stage (i.e. dispute already submitted in court) or at a pre-litigation stage (i.e. dispute likely to be submitted in court). The disputing parties must agree to submit their dispute to Presolv360.

If you have an existing agreement or are about to enter into a new one, you can protect yourself and secure your agreement from adversities of disputes by choosing an applicable PresolvSecure plan by clicking here. If you have an existing dispute which has already been submitted to Court or is likely to be submitted to Court, you can choose to resolve through PresolvDirect by clicking here.

Any dispute that arises out of an agreement under an active PresolvSecure plan is covered by the plan. However, the following kinds of disputes are excluded and are beyond the scope of PresolvSecure:

1. Disputes which involve public interest
2. Disputes relating to election to public offices
3. Disputes involving grant of authority such as grant of probate or letters of administration
4. Disputes involving serious and specific allegations of fraud, fabrication of documents forgery, impersonation, coercion, etc.
5. Disputes requiring protection of courts such as claims against minors and persons of unsound mind
6. Disputes involving prosecution for criminal and non-compoundable offences
7. Any dispute which the expert determines is resolved or has been raised an unreasonable number of times without substantial change of circumstance.
8. Any dispute arising out of war, civil war, invasion, insurrection, revolution, act of foreign enemy, hostilities (whether War be declared or not), rebellion, mutiny, use of military power or usurpation of government or military power.
9. Any other dispute as may be prescribed.

The duration of the resolution process may vary on a case-to- case basis. However, the Presolv360 team and the experts will make every effort to resolve your dispute as expeditiously as possible and endeavor shall be made to conclude the process within three months from the date of institution of the dispute.

When parties choose PresolvSecure, they agree that the rights that may accrue under applicable limitation laws shall exclude the period commencing from the date on which the dispute is submitted and ending on the date on which the resolution process is concluded.

The resolution process for a particular dispute submitted to Presolv360 commences on the date which it is accepted by Presolv360, and concludes on the date on which a settlement is arrived at (whether or not a settlement agreement is executed) or on the date on which the dispute is closed by Presolv360 through the Presolv Case Manager or Certified Expert.

The ADR mechanisms that may be adopted by the Expert include (but is not limited to) arbitration,conciliation, mediation, negotiation, neutral evaluation or any combination thereof, etc. The appropriate mechanism to resolve your dispute shall be selected by the assigned expert based on the nature and circumstances of the dispute.

Once a dispute is referred to Presolv360, a Presolv Case Manager will guide the parties right from raising a dispute until its resolution. If necessary, an empaneled Certified Expert may also be assigned to the case who will facilitate the dispute resolution process. Allocation of a case to an Expert shall be based on the experts’ competence, knowledge and ability to deal with subject matter of the dispute between the parties.

The experts empaneled by Presolv360 are from wide range of occupational backgrounds and educational levels, and are qualified professionals who are recognized in the field of dispute resolution and possess the required competence, knowledge and expertise to deal with disputes of varied magnitude and complexities.

We understand that disputes can be very stressful and drain valuable resources. We bring convenience to our customers by blending seamlessly with technology. Most of our services are available online and therefore, parties are not required to spend their valuable time and money for the sake of resolving their dispute. We bring dispute resolution right to your doorstep with our integrated online platform and simple video-conferencing systems that can be downloaded on smartphones, desktops and laptops. However, depending upon the complexity of a case, recommendations of the case manager and expert, and mutual agreement of the parties, the resolution process may be conducted in-person at a location that is mutually decided. However, the costs (including travel, location expenses and out-of- pocket expenses, etc.) shall be borne by the parties.

Upon opting for PresolvSecure, parties to the agreement have already agreed to participate in Presolv360’s resolution process as a condition precedent before pursuing any other available remedy in relation to the dispute.

Upon conclusion of the resolution process, once the parties agree to the terms of settlement, the said terms will be recorded in a settlement agreement which shall be final and binding upon the parties and persons claiming under them.

Resolution and settlements arrived at using ADR mechanisms that have been defined and codified by Indian laws shall be conducted in the manner so prescribed. The enforceability and binding nature of the resolution and settlement reached otherwise will take the character of a private agreement or contract, and can be enforced by a party alleging a breach.

We are determined to resolve every dispute with the help of our highly qualified and competent experts in a collaborative environment, without you having to face any adversities prevalent in litigation. In the US, about 95% of pending lawsuits end before trial through collaborative means of dispute resolution. Despite all odds, if the dispute still remains unresolved, parties may choose to pursue any other available remedy as may be advised to them. However, Presolv360 will not be liable for any costs or consequences which arise as a result thereof.

You can cancel the PresolvSecure plan at any time by informing Presolv360 as well as all other parties to the agreement. However, the fees paid is non-refundable.

All persons involved in the resolution process shall maintain confidentiality of all information obtained before, during or after the resolution process, unless otherwise agreed to by the parties or required by applicable law. Information, records, reports or other documents and all communications made for the purpose of, in the course of, or pursuant to the resolution process shall be confidential and inadmissible in any legal, other arbitral or judicial proceedings, unless otherwise admissible or discoverable outside of the resolution process. No person involved in the resolution process shall give evidence or testify or reveal any information, documentation or communication made before, during or after the resolution process, in any legal, other arbitral or judicial proceeding. The aforementioned information or documentation includes but is not limited to:

1. Any views expressed and / or suggestions made and / or proposals for settlement made by any of the parties and / or their representatives during the resolution process;
2. Any admissions made by any of the parties and / or their representatives regarding the dispute between the parties;
 
3. Proposals, suggestions or views expressed by the parties, experts or case managers; and
 
4. The fact that any party and / or their representatives had indicated their willingness to accept a proposal for settlement.

However, if Presolv360 and / or the Expert is of the opinion that a party has acted in a manner that is fraudulent in nature or with criminal intentions, then such party shall have deemed to have waived its right to confidentiality.

For a quick and effective resolution, it is best that the disputing parties themselves participate in the resolution process. In case any party would like to be represented or assisted by an authorized representative or professional, kindly ensure that such representative or professional has full authority to do all such acts that may be necessary to resolve the dispute. For this purpose, kindly fill and execute a Letter of Authority – which can be downloaded by clicking here.

All parties must follow the rules specified in the Presolv Dispute Resolution Rules (‘PDRR’). To download a copy, click here. The Presolv Case Managers and Experts are required to follow the Presolv Experts’ Guidelines (‘PEG’). To download a copy, click here.