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Interview With An Anonymous Indian Lawyer

Common Litigation Questions Answered

Don: All right – we’re live and yeah thanks for joining me.
Ujjawal: Sure.
Don: So, yeah, I got a bunch of commonly asked questions about, you know, that American people they always ask of their smart devices like Amazon’s Alexa, iPhone’s Siri and Google has their Google assistant.  First, maybe tell us a little bit about your background.
Ujjawal: I live in Vrindavan, India, which is situated in the stigmata in India and this place is a holy place and some some acceptance is that Radha and Krishna Krishna fall in love and they make amygdala at this place so banky Baha’i temple is there so many foreigners and many visitors come up come here across the world.
Don: Tell us about your background – what school did you go to?
Ujjawal: I have done my B.A. LLB honours from law school Banaras Hindu University, and that is situated in Varanasi.
Don: Sounds like you studied very hard. We got some questions about litigation.  An easy questions: what’s the
definition of of litigation?
Ujjawal: litigation is a process that includes the lawsuits and maybe a really decent process or post litigation process. Also as we can say pre-litigation means if we having a dispute with someone’s then we would hire an attorney or legal counsels.  Then we would request to send legal notice that we are going to take a legal actions against him or her. If he did not if he did not if he don’t ready to settle the differences of his foot that is the free that is the lawsuit that this process is lawsuit so and if he is not ready to accept our accept our offer of proposals and negotiates then we can go to the court and start proceedings or suits. Proceeding means if someone sir if any crime against if any crime done unhitched us then we can start a criminal proceeding, criminal actions that is the proceedings and a suit means something that is in civil in nature exon like a civil nature so we go to the court and start suit or positive angle so as research persons so this all over the process is called litigation.
Don: Alright, thank you so much.  I think you answered the the second question of what a litigation lawyer
does.  A litigation lawyer can be a prosecutor or on the defense to write a litigation lawyer oh they can so what does a litigation lawyer do they can they can prosecute or they can defend right?
Ujjawal: Yes – as I answered a few minute ago, the ability is an is a process here some there are many many processes, including it as a lawsuit as I told about in lawsuits.  Lawsuit means if someone wants to settle the differences which with someone else then he would hire an attorney. And can give legal notice to confirm the charges or action.  What he’s take he’s going to take and if he if the differences or dispute does not settle between them, then such person will go to the port and take a legal action. Government will ever the
crime is criminal nature or civil then attorney will be with us and try to prosecute before the court of law by establishing the fact and effect.  And some companies of the case and submission of evidence so then in seal
proceeding the church the church ask for written statements from the respondents and in case of criminal and church you asked the respondents for reply then the respondents do reply.  And after making after the process of
new information or informing the charges or getting the reply then the trial begins. During the trial the judge or jury accept the evidence statements that may be in orals or maybe in a verb or in written forms or me or can take confession.  Voluntarily after the this after measuring just all these things then judge can conclude that person can be defended can be positive or acquitted.
Don:  It sounds like a lawsuits can be very involved and and they can take a long time.
Ujjawal: Yes – very long process.  That’s why modern age is approaching for new processes.  I mean an alternative dispute resolution process, it includes the mediation, conciliation and arbitration.  So what if what would be the benefit of choosing a process?  Because we save the time and cost of litigation. Take the process out of the court where the parties can fix the meetings and arrangements. They settle the dispute or differences so a word in case of arbitration, the award will be given in favor of the party and it will be finding in each other so can be done against it.
Don: And then there is something called mediation.
Ujjawal: Mediation and conciliation is a to process of same things. In case of mediation, mediation is where an impartial third party facilitates a conversational process between disputing parties to come to a satisfactory resolution.  As we know mediation is a voluntary and non-binding process. Okay, if there is difference between mediation and arbitration the just the judgment always pass in arbitration in form of award, and award is always binding nature. So no party after getting the arbitration award can be denied.  We are not ready to accept the self-assessment of arbitrator.  So it is in finding what in case of mediation parties are free to accept or reject the
opinion of mediator.  In India, mediation is a mediation or arbitration or consolation is regulated by the Port of Steel procedure 19:8. Mediation allows for parties from both side to directly express their thoughts on the dispute and create a unique solution that will need both parties needs. So we can say a mediation is not a judge or can to make a finding decisions that role of meter only is to negotiate and communicate.
Don: Okay, I got you there.  Thanks so much for answering those questions.  Is there any other important points that we missed or that you can think of? Anything else?
Ujjawal: Now on now we can about function listen on citizen and now for the consolation obvious consist of facilitator and consider allow consolation is a process where the facilitator play more directly role in the solution of dispute. He gives some citizens proposals or some advice to come amicable settlement.
Don: All right – well – thank you for answering all our questions.
Ujjawal: It is a privilege for me to give such a quality interview and I am very I’m feeling very happy to see
you.
Don: I hope to see you again and work
with you.
Ujjawal: Alright – yeah – you too thank you
very much.
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