/04 · Service specification
Finding a way forward
BuildWright does not represent clients in court. We're a non-litigious virtual compliance team. What we do is help you avoid disputes through better contracts, and resolve the ones that happen through mediation, arbitration, and the statutory mechanisms built specifically for smaller businesses.
Reinforcements and repairs.
Most disputes a startup runs into aren't dramatic. A client who won't pay, a vendor who didn't deliver, a co-founder disagreement over an exit. Court is rarely the right tool for any of these: it's slow, expensive, and public.
India has built faster, cheaper, more private mechanisms for exactly this kind of dispute. For one specific and common case, late payment from a buyer, there's a statutory process that works entirely in your favor if you're registered correctly.
Want us to handle dispute resolution for you, end to end?
What we can do for you
Scope
Escalation clauses, named arbitration seats, and clear payment terms, built in before you ever need them.
Structured conversations aimed at a resolution both sides can live with.
From filing on the Samadhaan portal through to the Council's decision.
Clause drafting and strategy for when arbitration is the right next step.
We do not appear in court on your behalf. If a matter genuinely requires litigation or courtroom advocacy, we'll tell you that plainly and help you find the right representation.
Government fees, stamp duty, DSC and certification are billed at actuals, separately from these figures. We give you a written scope before you pay.
Specifics
| Litigation | Arbitration | Mediation | |
|---|---|---|---|
| Speed | Slowest, can run for years | Faster than court, still formal | Fastest, often resolved in weeks |
| Cost | Highest | Moderate, arbitrator/institution fees | Lowest |
| Confidentiality | Public record | Private | Private |
| Outcome | Imposed by a judge | Imposed by an arbitrator, binding | Reached by agreement, nothing imposed |
| Relationship preserved? | Rarely | Sometimes | Usually, built for ongoing business relationships |
| Enforceability | Court decree | Binding, enforceable like a court award | Enforceable as a court decree under the Mediation Act, 2023, once the settlement is recorded |
The practical order most disputes should follow: negotiation first, mediation second, arbitration only if mediation genuinely fails. A well-drafted contract builds this escalation ladder in from the start, so nobody has to negotiate the process for resolving a dispute in the middle of the dispute itself.
If you're a Udyam-registered micro or small enterprise and a buyer hasn't paid you within the statutory window, this route exists specifically for you, and it's stacked in your favor.
File on the Samadhaan portal
Or directly with your state's Micro and Small Enterprise Facilitation Council. You'll need your Udyam registration and documentation of the transaction.
Conciliation first
The Council attempts to mediate a resolution under the Arbitration and Conciliation Act, 1996.
Arbitration if conciliation fails
The Council either arbitrates the matter itself or refers it to an external institution.
Statutory timeline
The Council is directed to dispose of the matter within 90 days of the reference being made, though in practice backlogs can extend this.
The strongest dispute resolution tool is a contract that never needed to be tested. A few things worth checking in every agreement your business signs:
Process
Step 1 of 4
Tell us what's happening
The situation, from your side.
Common mistakes founders make
Clarifications
No. We're a non-litigious consultancy. Our work is prevention (contract drafting) and non-court resolution (negotiation, mediation, arbitration guidance, and the MSME Samadhaan process). If your matter needs courtroom representation, we'll say so directly and help you find the right advocate.
Mediation reaches an agreement both sides consent to. Nothing is imposed. Arbitration produces a binding decision from an arbitrator, similar to a court judgment but private and generally faster.
Yes. An affidavit covering an oral purchase order is accepted, though a written agreement makes the claim considerably easier to establish.
Yes. Under the Mediation Act, 2023, a recorded mediated settlement agreement is enforceable as if it were a court decree.
The statutory target is 90 days from the reference, though actual timelines vary with the Council's caseload. It's still generally faster and cheaper than litigation.
No. The MSMED Act's protection for registered micro and small enterprises overrides a private arbitration clause, so you can still bring the claim through the statutory route.
Tell us about your business and we'll take it from there.