Presolv360 is a pioneer of ODR in the country. It is the one of the only ODR platform to be recognised and enlisted by the Department of Justice, Ministry of Law and Justice, Government of India, and empaneled by a High Court in the country. It has also been incubated by India’s leading law firm Cyril Amarchand Mangaldas.

Presolv360 is advised by legal luminaries such as Justice (Retd.) B N Srikrishna, Justice (Retd.) Pradeep Nandrajog, Justice (Retd.) K Kannan, amongst others. It is constantly working with various stakeholders including the judiciary and the government to make dispute resolution accessible, affordable and convenient.

Presolv360 is resolving disputes for some of India's largest business institutions and conglomerates, and has become the industry standard for ODR.

Presolv360 facilitates and administers the ADR Process electronically and provides technical and administrative support to all the parties concerned for conducting the ADR Process online and has no interest in the outcome of the dispute or any conflict of interest.

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. Click here to understand the Arbitration360 process flow.

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. Click here to understand the Mediation360 process flow.

To incorporate ODR as a dispute resolution mechanism in your contract:

• Insert an ODR 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 and WhatsApp integration
• Real-time email and WhatsApp tracking
• Automated document workflow
• Pre-formatted documents
• E-signatures and e-stamping
• Automated settlement builders
• Blockchain-based trace trail of proceedings
• Machine-intelligent chatbots
• Auto-generated reports on dispute trends

Presolv360 empanels qualified and experienced professionals to conduct ODR proceedings. 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 ADR or ODR 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 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.

The Mediation360 module enables the conduct of virtual mediation sessions on party-preferred audio / video-conferencing applications. In case of arbitration proceedings, the Arbitration360 module provides for fast-track procedure to decide the dispute on the basis of written pleadings and documentary evidence submitted and uploaded by the parties. With the leave of the arbitrator, oral hearings may 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 and technical 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.

Presolv360 empanels independent, qualified neutrals with the required competence, knowledge and expertise on its panel to deal with disputes. Upon registration of a dispute, Presolv360 assigns the dispute to a neutral, 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

Yes. The appointment of a neutral to act as an arbitrator or mediator is governed by the Arbitrators’ and Mediators’ Code of Conduct and Disclosure Rules.

Yes. The appointment of an arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s independence or impartiality. For this purpose, the grounds stated in the Fifth Schedule to the Arbitration and Conciliation Act, 1996 shall guide in determining whether circumstances exist which give rise to justifiable doubts as to the independence or impartiality of an arbitrator.

In the spirit of a fair and impartial proceeding, no party plays any role in the appointment of the arbitrator. Considering the nature and category of disputes, it is common for the same arbitrator to preside over a number of matters and this does not affect the arbitrator's independence and neutrality to administer arbitration in the disputes assigned.

Parties may choose to be represented or assisted through an authorised representative for the proceedings. However, the professional charges of the authorised 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.

As per the Arbitration and Conciliation Act, 1996, 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 ODR platform, technology and process implementation have been designed and developed keeping in mind confidentiality obligations applicable to dispute resolution, the applicable law and the Dispute Resolution Rules 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. Click here to view an informative infographic put together by the team at Presolv360 on the real trends and learnings observed in a live sample of 500 cases.