Choosing Between Mediation And Arbitration: A Comparative Analysis Under Indian Legal Framework

Anushka R. Singh, Amity University, Noida

ABSTRACT

This article provides a comparative analysis of mediation and arbitration as Alternative Dispute Resolution mechanisms under Indian law. It examines the procedural frameworks, decision-making authority, cost and time considerations, and confidentiality aspects of both methods. Through a discussion of factors influencing the choice between mediation and arbitration, such as mandatory mediation, court-annexed vs. private mechanisms, enforcement mechanisms, and the preservation of business relationships, stakeholders can make informed decisions when selecting the most suitable dispute resolution mechanism. By understanding the nuances of Mediation and Arbitration within the Indian legal framework, parties can navigate disputes effectively and achieve equitable outcomes in a timely and cost-efficient manner.