Mediation and arbitration are both forms of Alternative Dispute Resolution (ADR), meaning alternatives to the expensive and time-consuming litigation of a lengthy court battle. Mediation and arbitration are similar in that they bring together parties in conflict to resolve an issue outside of the courtroom. They both are modern mechanisms that tend to solve disputes much more effectively and efficiently as compared to the traditional methods of court induced litigation. But they differ in their respective methods of resolving these disputes.
Law is a mirror that only mimics what is going on in society. In today’s technological world, people are continuously shifting to digital modes for various activities like shopping, reading, or other leisure activities. In such dynamic times where convenience is of utmost importance, why should the law remain untouched?
Mediation is a process by which a neutral third-party mediator tries and assists both parties in attempting to settle the dispute without judging the merits of the case. The Mediator must be a neutral party to the mediation.
As expressed by Justice N.V. Ramana, the Chief Justice of India, Mediation, which was commonly followed in India prior to the arrival of the British and their court system, is now one of the most vital conflict resolution mechanisms which will continue to grow in relevance in the coming future.
Conciliation is a mode of Alternate Dispute Resolution. It has been made available to the citizens of India through The Arbitration and Conciliation Act, 1996. Conciliation is conducted where the matter arises out of a legal relationship between the 2 parties. Such a relation can be contractual or non-contractual based on the issue.