Arbitration & Mediation

Arbitration

Arbitration is a form of alternative dispute resolution, used instead of litigation. It is a formal alternative to litigation in which two or more parties select a neutral third party, called an arbitrator, to resolve a dispute. The process of arbitration is party autonomy and flexible when compared to court proceedings. The parties are also free to choose the seat, venue and language of the proceedings. Arbitral award is binding and enforceable in the court of law. Arbitration is a neutral and confidential procedure. An arbitration agreement is a pre-condition for commencement of arbitral proceedings. An arbitration agreement may be a clause in a contract or a separate agreement to arbitrate issues arising out from any legal relationship.

Mediation?

Mediation is a more informal way to resolve a dispute when compared to arbitration. Mediation is generally conducted with a single mediator who does not judge the case but simply helps to facilitate discussion and eventual resolution of the dispute.

Mediation is a way for people to resolve problems without filing a lawsuit or going before a court of law. The mediator is a neutral third party who helps the parties and resolving their differences through negotiation. It is flexible and neutral facility which helps the parties to settle their disputes.

A mediator is not a judge and does not decide if either party is “right” or “wrong.” The mediator will not force any party to accept a settlement that is not agreeable to everyone. The mediator’s role and the goal of mediation are to help parties make their own decisions and agreements.

The steps in mediation start with exploring the issue, starting the conversation, finding common ground to give possible solutions and making the process visible and confidential.

The process of mediation is voluntary, non-coercive, informal, confidential and an assisted way of negotiation. Mediation is the best approach when the parties to dispute have an on-going relationship and want to preserve it.