Empanelment and partnerships · Neutral ODR under the Mediation Act, 2023 +91 92160 24226 panel@vakilkaro.com

TERMS AND CONDITIONS

For Neutrals — Mediators, Arbitrators & Empanelled Experts

A platform operated by Vakilkaro

Effective Date: 25.09.2026 | Last Updated: 25.09.2026

1. Introduction and Acceptance of Terms

1.1 These Terms and Conditions ("Terms") govern the empanelment, registration, and use of the Vakilkaro ODR platform, including its website, Neutral Portal, and mobile/dashboard interfaces (collectively, the "Platform"), by advocates, retired judges, arbitrators, mediators, and subject-matter experts ("Neutral", "you", "your") who are empanelled to hear, mediate, or arbitrate Cases referred through the Platform.

1.2 By applying for empanelment, accessing, or using the Platform, you agree to be bound by these Terms, our Privacy Policy, the Vakilkaro Neutral Code of Conduct (Section 9 below), and the Empanelment Agreement executed with Vakilkaro. If you do not agree, you must not apply for empanelment or use the Platform.

1.3 These Terms apply in addition to, and do not override, your executed Empanelment Agreement. In the event of conflict, the Empanelment Agreement shall prevail to the extent of the inconsistency.

1.4 Vakilkaro ODR is a neutral dispute-resolution platform and technology intermediary. It is not a law firm, does not provide legal advice, and is not a party to any Case. Vakilkaro does not itself act as a mediator or arbitrator — that function is performed solely by empanelled Neutrals in their independent, professional capacity.

1.5 Nothing in these Terms creates an employer-employee relationship, partnership, agency, or joint venture between you and Vakilkaro. You act as an independent professional exercising your own judgment, skill, and discretion in each Case.

2. Definitions

  • "Case" / "Matter" — a dispute, defaulted account, or claim referred by a User (lender, business, or other originating party) to the Platform for mediation or arbitration.
  • "Neutral" — an empanelled advocate, retired judge, arbitrator, mediator, or subject-matter expert authorised by Vakilkaro to hear Cases allocated through the Platform.
  • "Empanelment" — the process by which Vakilkaro evaluates, verifies, and formally onboards a Neutral onto the Platform's panel, culminating in activation of Portal access.
  • "Neutral Portal" — the secure, role-based dashboard through which a Neutral receives case allocations, manages hearings, uploads orders/awards, and tracks honorarium payments.
  • "Settlement Agreement" — a mediated settlement agreement executed by the parties to a Case, governed by the Mediation Act, 2023.
  • "Award" — a final arbitral award or order passed by a Neutral acting as arbitrator, governed by the Arbitration and Conciliation Act, 1996.
  • "Honorarium" — the fee payable by Vakilkaro to a Neutral for hearing, mediating, or arbitrating a Case, as per the applicable fee schedule.
  • "Conflict of Interest" — any relationship, financial interest, prior engagement, or circumstance that could reasonably give rise to justifiable doubts as to a Neutral's independence or impartiality in a given Case.
  • "Fair Practices Code" — the RBI-mandated code of conduct governing outreach, recovery communication, and borrower treatment, applicable to Cases originating from regulated lenders.

3. Eligibility and Empanelment Criteria

To be considered for empanelment as a Neutral on the Platform, you must:

  • Be an advocate enrolled with a State Bar Council or the Bar Council of India, a retired judicial officer (District Judiciary, High Court, or Supreme Court), a qualified arbitrator, an accredited mediator, or a recognised subject-matter expert relevant to the categories of Cases handled on the Platform;
  • Hold the minimum years of post-qualification experience, and any mediation/arbitration accreditation, specified in the empanelment criteria communicated to you at the time of application;
  • Not be under any current suspension, disbarment, or adverse disciplinary finding by a Bar Council, court, tribunal, or professional/regulatory body;
  • Have no undisclosed, disqualifying financial or professional relationship with any lender, business, or recurring party likely to appear before the Platform;
  • Be legally competent to contract under the Indian Contract Act, 1872, and be willing to undergo Vakilkaro's onboarding, training, and verification process;
  • Agree to abide by the Mediation Act, 2023, the Arbitration and Conciliation Act, 1996, applicable Bar Council rules, and the Vakilkaro Neutral Code of Conduct.

Empanelment is at Vakilkaro's sole discretion. Vakilkaro reserves the right, at any time, to accept, reject, defer, or revoke any application or empanelment, subject to applicable law. Empanelment does not guarantee any minimum volume of case allocations, hearings, or income, and Vakilkaro makes no representation as to case flow in any particular period, region, or subject area.

4. Registration, Verification and Onboarding

4.1 You must submit accurate, current, and complete information during registration, including professional credentials, Bar Council/accreditation numbers, KYC documentation (PAN, Aadhaar/identity proof, address proof), bank account details for honorarium payment, and a declaration of any existing professional engagements that may constitute a Conflict of Interest.

4.2 Vakilkaro will conduct background and credential verification as part of onboarding, which may include reference checks, review of professional standing, and an onboarding interview or orientation session. Verification timelines are indicative and not guaranteed.

4.3 On successful verification, Vakilkaro will execute an Empanelment Agreement with you and activate your Neutral Portal access, including your case-category preferences, language preferences, and availability calendar.

4.4 You are responsible for promptly updating your information on the Portal if it changes, including change of address, bank details, professional status, disciplinary proceedings, or availability.

4.5 Providing false, misleading, or fraudulent information — including misrepresenting qualifications, experience, or Conflict of Interest disclosures — is a material breach of these Terms and grounds for immediate de-empanelment and, where applicable, referral to the relevant Bar Council, court, or regulatory authority.

5. The Neutral Portal

The Neutral Portal is the primary interface through which you interact with the Platform. It provides:

  • Case Allocation Inbox — notification of new Case allocations matched to your subject-matter expertise, language, and stated availability, with the option to accept, decline, or recuse within the stipulated response window.
  • Case Workspace — a secure repository of case documents, pleadings, and correspondence uploaded by the parties, accessible only for Cases allocated to you.
  • Scheduling and Calendar — tools to propose, confirm, and reschedule hearing dates, and to record adjournments with reasons.
  • Hearing and Communication Tools — video-conferencing, messaging, and document-sharing facilities for conducting mediation sessions or arbitration hearings, with session logs retained for audit purposes.
  • Order/Award and Settlement Drafting — templates and e-signature workflows (including Aadhaar-based e-sign/DigiLocker) for issuing procedural orders, Settlement Agreements, and Awards.
  • Honorarium Dashboard — visibility into fees accrued, invoices raised, TDS deducted, and payment status for each Case.
  • Compliance and Audit Trail — a timestamped log of all case actions, communications, and documents, maintained to support regulatory and evidentiary requirements.

You are responsible for maintaining the confidentiality of your Portal login credentials and for all activity conducted under your account. You must notify Vakilkaro immediately of any unauthorised access or suspected security breach.

Vakilkaro may update, modify, or temporarily suspend Portal features for maintenance, security, or improvement purposes, and will use reasonable efforts to minimise disruption to ongoing Cases.

6. Nature of Services and Role of the Neutral

  • Vakilkaro provides the technology infrastructure, case management workflow, scheduling, and payment facilitation for the dispute-resolution process.
  • Cases are allocated to you through the Portal based on subject matter, language, case value/complexity, and your declared availability; allocation does not constitute a right to any particular Case or volume of Cases.
  • You are solely responsible for the conduct of the mediation or arbitration, including procedural fairness, application of the relevant law, and the content of any Settlement Agreement, order, or Award.
  • Vakilkaro does not direct, supervise, or influence your substantive decision-making, findings, or the outcome of any Case, and will not interfere with your independent exercise of judgment.
  • Where mediation does not result in settlement and the governing contract contains an arbitration clause, the matter may proceed to arbitration before an empanelled arbitrator, subject to the applicable arbitration agreement and the Arbitration and Conciliation Act, 1996.
  • You must issue Settlement Agreements, procedural orders, and Awards through the Portal's designated workflow, ensuring they are properly documented, e-signed/authenticated, and time-stamped.

7. Fees, Honorarium and Payments

7.1 Honorarium Structure

  • Honorarium is payable per Case, per hearing, or on a slab/retainer basis, as specified in your Empanelment Agreement and the fee schedule visible on your Portal dashboard.
  • Exact commercial terms (per-sitting fees, drafting fees, slab rates, and any success-linked component) are agreed bilaterally and recorded in your Empanelment Agreement.
  • Honorarium is payable irrespective of the outcome of the Case (i.e., whether or not a Case settles or results in an Award in a party's favour), save where your Empanelment Agreement expressly provides otherwise.

7.2 Invoicing and Payment Timelines

  • You are responsible for raising invoices/honorarium claims through the Portal in the prescribed format, including applicable GST registration details where required by law.
  • Vakilkaro will process undisputed honorarium payments within the timeline specified in your Empanelment Agreement, subject to applicable tax deduction at source (TDS) and other statutory withholdings.
  • Vakilkaro reserves the right to withhold, adjust, or reverse a payment where fraud, error, duplicate billing, or a compliance issue is identified, subject to notice and an opportunity to respond.
  • Fee schedules may be revised prospectively; changes will not affect Cases already allocated to you under the prior schedule unless otherwise agreed in writing.

7.3 Taxation

You are solely responsible for your own tax compliance, including income tax, GST registration and filings (where applicable), and professional tax, arising from honorarium earned through the Platform. Vakilkaro's responsibility is limited to statutory TDS deduction and issuance of the corresponding certificates.

8. Case Handling, Mediation and Arbitration

8.1 All mediation conducted through the Platform must be conducted in accordance with the Mediation Act, 2023, and Settlement Agreements executed thereunder must satisfy the Act's requirements to be enforceable in the same manner as a decree of a civil court.

8.2 All arbitration conducted through the Platform must be conducted in accordance with the Arbitration and Conciliation Act, 1996, including as to conduct of proceedings, principles of natural justice, and the form and content of the Award.

8.3 You must respond to Case allocations, scheduling requests, and document requests within the timelines specified on the Portal, and must promptly flag any anticipated delay to Vakilkaro and the parties.

8.4 You must record reasons for adjournments, recusals, or withdrawal from a Case on the Portal, and must not abandon a part-heard Case without reasonable cause and prior notice to Vakilkaro.

8.5 Settlement Agreements and Awards must be uploaded to the Portal and executed via the Platform's e-signature/authentication workflow (including Aadhaar-based e-sign or DigiLocker, where applicable) to ensure a verifiable and non-repudiable record.

8.6 You must maintain accurate, contemporaneous records of hearings, submissions considered, and reasoning, sufficient to support the enforceability of the resulting Settlement Agreement or Award and to withstand regulatory or judicial scrutiny.

8.7 Vakilkaro does not guarantee that any Case allocated to you will proceed to a final hearing, settlement, or Award, and is not responsible for a party's non-cooperation, non-appearance, or withdrawal.

9. Neutral Code of Conduct

As an empanelled Neutral, you agree to the following standards of conduct, breach of which may result in suspension or de-empanelment:

9.1 Independence and Impartiality

  • You must act independently and impartially in every Case, free from bias, undue influence, or improper interference from any party, Vakilkaro, or any third party.
  • You must not allow the source of a Case referral (e.g., the identity of the lender or business that submitted it) to influence your assessment of the merits.

9.2 Conflict of Interest Disclosure

  • You must disclose, at the earliest opportunity and in any event before accepting a Case, any past or present relationship — professional, financial, personal, or familial — with either party, their counsel, or their affiliates, that could reasonably give rise to a Conflict of Interest.
  • You must recuse yourself from a Case where a Conflict of Interest exists or arises during the proceedings, and promptly notify Vakilkaro through the Portal so the Case may be reallocated.
  • You must not accept a Case involving a party, counsel, or matter in which you have previously acted in any professional capacity, without full disclosure and, where required, informed consent of the parties.

9.3 Confidentiality

  • You must keep confidential all Case information, submissions, communications, and the substance of deliberations, consistent with the confidentiality provisions of the Mediation Act, 2023, disclosing the same only where required by law, necessary to enforce a Settlement Agreement or Award, or with the prior written consent of the parties.
  • You must not discuss a pending or concluded Case, or use any confidential Case information, other than for the purpose of discharging your function as Neutral, including on social media, in publications, or in other professional engagements, without appropriate anonymisation and consent.

9.4 No Ex-Parte Communication

  • You must not engage in one-sided communication with a party or their representative outside the Portal's recorded channels, except as expressly permitted under mediation caucus procedures and disclosed to the other party.

9.5 Professional Standards and Prohibited Conduct

  • You must not solicit, accept, or request any gift, gratification, commission, or benefit from any party, directly or indirectly, in connection with a Case.
  • You must not solicit parties to engage you directly, outside the Platform, for the same or a related dispute, during the currency of your empanelment and for a reasonable period thereafter as specified in your Empanelment Agreement.
  • You must not delegate your adjudicatory or mediatory function to any other person, and must personally conduct hearings and sessions allocated to you.
  • You must conduct yourself with courtesy, professionalism, and due regard for the dignity of all parties, in keeping with applicable Bar Council norms and judicial conduct standards, as relevant to your professional background.
  • You must comply with the Fair Practices Code to the extent it governs the manner in which hearings, notices, and communications reach borrowers/counterparties through the Platform.

10. Data Protection, Security and Compliance

10.1 Data Protection and Security

  • Case files and personal data accessed through the Portal are stored with AES-256 encryption at rest and TLS 1.3 in transit, hosted on infrastructure located in India.
  • Personal data is processed in accordance with the Digital Personal Data Protection Act, 2023, and our Privacy Policy.
  • You must not download, copy, forward, or store Case documents or personal data outside the Portal except as strictly necessary to discharge your function, and must delete any such local copies once the Case concludes.
  • You must not use any Case information or personal data accessed through the Platform for any purpose other than deciding or mediating that Case.

10.2 Know Your Customer (KYC)

Onboarding includes verification of your identity, professional credentials, Bar Council/accreditation registration, and bank details. Vakilkaro may decline or suspend onboarding, or suspend an active empanelment, where KYC or credential verification cannot be satisfactorily completed or maintained.

10.3 Regulatory Change

Vakilkaro reserves the right to amend Portal processes, documentation requirements, honorarium structures, or compliance requirements to remain aligned with changes in applicable law, Bar Council guidance, or regulatory direction.

11. Neutral Obligations and Restrictions

In addition to the Code of Conduct in Section 9, you agree that you will not:

  • Submit false, fraudulent, or misleading information or documentation regarding your qualifications, availability, or Conflict of Interest status;
  • Use the Platform or any Case information for any unlawful purpose, or for communication that violates applicable regulatory codes;
  • Attempt to circumvent the Platform to solicit fees, cases, or clients directly in a manner that breaches these Terms or your Empanelment Agreement;
  • Share your Portal login credentials, allow unauthorised access to your account, or misuse another User's or Neutral's data;
  • Upload malicious code, attempt to breach Platform security, or interfere with the Platform's operation;
  • Issue, or agree to issue, a predetermined outcome, or accept instructions from any party or Vakilkaro as to the substance of a decision, order, Settlement Agreement, or Award;
  • Hold yourself out as an employee, agent, or representative of Vakilkaro, or make representations on Vakilkaro's behalf.

12. Intellectual Property

All content, trademarks, logos, software, workflows, templates, and materials on the Platform (excluding case-specific documents, orders, Settlement Agreements, and Awards you author) are the property of Vakilkaro or its licensors and are protected under applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use the Platform and its templates solely for the purpose of discharging your function as an empanelled Neutral. No right, title, or interest in the Platform's intellectual property is transferred to you.

Orders, Settlement Agreements, and Awards you author remain subject to applicable law governing authorship and enforceability; you grant Vakilkaro a licence to store, process, and make such documents available to the relevant parties through the Portal for the purpose of providing the Services.

13. Confidentiality

Beyond the Case-specific confidentiality obligations in Section 9.3, you agree to maintain the confidentiality of all non-public Platform information, including fee structures, Platform processes, and other Neutrals' or Users' information that you become privy to as an empanelled Neutral, except:

  • Where disclosure is required by law or a competent court/authority;
  • Where disclosure is necessary to enforce a Settlement Agreement or Award;
  • Where the disclosing party has obtained prior written consent.

This obligation survives termination or de-empanelment.

14. Independent Contractor Status

You act at all times as an independent professional and not as an employee, agent, partner, or representative of Vakilkaro. Nothing in these Terms shall be construed to create an employer-employee relationship, and you shall not be entitled to any employment-related benefits from Vakilkaro.

You are solely responsible for your own professional indemnity coverage, taxation, statutory registrations, and compliance obligations arising from your practice as an advocate, arbitrator, mediator, or subject-matter expert, independent of your empanelment on the Platform.

15. Limitation of Liability

The Platform is provided on an "as is" and "as available" basis. Vakilkaro does not warrant uninterrupted, error-free, or secure access at all times.

Vakilkaro shall not be liable for:

  • The content, correctness, or outcome of any order, Settlement Agreement, or Award issued by you, which reflects your own independent professional judgment;
  • Any disciplinary, regulatory, or judicial consequence arising from your conduct as a Neutral;
  • Any indirect, incidental, consequential, or punitive damages arising from use of the Platform;
  • Losses arising from your breach of these Terms, applicable law, or your Empanelment Agreement.

To the maximum extent permitted by law, Vakilkaro's aggregate liability to you arising out of or relating to these Terms or the Platform shall not exceed the honorarium actually paid or payable to you in the six (6) months preceding the event giving rise to the claim.

Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded under applicable law.

16. Indemnification

You agree to indemnify and hold harmless Vakilkaro, its officers, employees, and affiliates from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from:

  • Your breach of these Terms, the Neutral Code of Conduct, or applicable law;
  • Inaccurate, false, or fraudulent information provided by you, including as to qualifications or Conflict of Interest;
  • Your conduct in connection with a Case, including any failure of independence, impartiality, or procedural fairness;
  • Any third-party claim arising from your use of the Platform or discharge of your function as Neutral.

17. Suspension, Termination and De-empanelment

Vakilkaro may suspend or terminate your empanelment and Portal access, with or without notice, where:

  • You breach these Terms, the Neutral Code of Conduct, or your Empanelment Agreement;
  • False or misleading information, or an undisclosed Conflict of Interest, is discovered;
  • Disciplinary, regulatory, or legal proceedings are initiated or concluded against you affecting your professional standing;
  • Your Bar Council enrolment, accreditation, or other professional registration lapses, is suspended, or is revoked;
  • Continued empanelment poses a risk to the Platform, parties, or other Users.

You may withdraw from empanelment by providing written notice to Vakilkaro, subject to completion of, or orderly handover of, any pending Cases and settlement of outstanding honorarium.

Termination or de-empanelment does not affect accrued rights and obligations, including payment of honorarium for Cases concluded prior to termination, and confidentiality obligations, which survive termination.

18. Disclaimers

Vakilkaro ODR is not a law firm and does not provide legal advice to Neutrals or parties. You should seek independent professional or legal advice where required.

Nothing on the Platform, including case statistics or testimonials, constitutes a guarantee of case volume, income, or continued empanelment.

19. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India.

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation, and failing that, through mediation or arbitration as agreed between the parties, or before the courts of competent jurisdiction at Jaipur, Rajasthan, India.

Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief before a competent court.

20. Amendments

Vakilkaro reserves the right to amend these Terms, the Neutral Code of Conduct, or the fee schedule at any time. Material changes will be notified to you through the Platform, email, or Portal notification.

Continued use of the Portal, or acceptance of any Case allocation, after such changes take effect constitutes acceptance of the revised Terms. If you do not agree to the amended Terms, you should discontinue use of the Platform and may withdraw from empanelment as set out in Section 17.

21. Miscellaneous

Entire Agreement — These Terms, together with the Privacy Policy, the Neutral Code of Conduct, and any executed Empanelment Agreement, constitute the entire agreement between you and Vakilkaro regarding your empanelment and use of the Platform.

Severability — If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

No Waiver — Failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.

Assignment — You may not assign or transfer your rights or obligations under these Terms without Vakilkaro's prior written consent. Vakilkaro may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure — Vakilkaro shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to natural disasters, internet or infrastructure failures, government action, or regulatory changes.

Notices — All notices under these Terms shall be sent to the contact details provided during registration, or to Vakilkaro at contact@vakilkaroodr.com / +91 92160 24226.

Contact Us

For questions regarding these Terms or your empanelment, please contact:

Vakilkaro ODR — Neutral Empanelment Desk

Email: contact@vakilkaroodr.com

Phone: +91 92160 24226

Disclaimer: Vakilkaro ODR is a neutral dispute-resolution platform, not a law firm. Empanelment is at Vakilkaro's sole discretion and does not guarantee any volume of case allocations or income. Nothing on this page or in these Terms constitutes legal advice or an offer of employment.