What is the difference between mediation and arbitration?

Mediation is an optional process wherein a neutral person facilitates the two sides to come to a common decision. Arbitration is a more formal process wherein an arbitrator makes a binding decision after listening to both sides. In mediation, the parties determine the outcome; in arbitration, the arbitrator dictates.

Is an arbitration award legally binding?

Yes. In India, an award in arbitration is usually final and binding, as in a court judgment. The Arbitration Act makes it enforceable by courts. There are very few grounds on which parties can challenge it.

Can a mediated settlement be enforced through law?

Yes. If both sides sign a mediated agreement, it is a legal contract. With the new Mediation Act or by having a court sanction it, the agreement can be enforced. Once validated by a court, it has the force of a court order.

How long does mediation or arbitration typically take?

It varies depending on the complexity of the case. Mediation might be very brief, performed in a few sessions over a few weeks or months. Arbitration is typically longer than mediation but shorter than a complete trial, possibly several months to a year or more, depending on the nature of the issues and the arbitrator's availability.

Do I require a lawyer for mediation or arbitration?

For arbitration, it's advisable to have an arbitration attorney or an arbitration lawyer, as it goes through a formal legal process like in court. For mediation, parties may mediate by themselves, but most still bring attorneys or a mediation and arbitration lawyer for counsel, to assist in preparing the agreement, or to have someone there to support them while negotiating.

What kinds of disputes may employ mediation or arbitration?

Nearly any commercial or civil dispute can employ ADR. Familiar examples are family matters (divorce, custody), breaches of business contracts, landlord-tenant or property disputes, employment disputes, and consumer grievances. Criminal cases typically end up in court, but the majority of commercial and civil cases can employ mediation or arbitration.

How do I locate good mediation and arbitration attorneys in India?

Seek attorneys who specialise in dispute resolution. Look for keywords such as "mediation lawyers India" or "arbitration law firm India" on the internet to locate firms and attorneys. Look at their experience in cases similar to yours and determine if they are referred by others. Seek referrals from friends, colleagues, or your local bar association. Finally, choose someone you are comfortable with and who describes things well. You may also refer to legal directories or ask the bar councils to suggest names. Most bar councils have lists of accredited mediators and arbitrators as resources. For anyone involved in a dispute in India, investigating mediation or arbitration with a qualified lawyer can save time and stress and obtain a fair resolution.

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Arbitration and Mediation

The judicial courts, especially the Indian courts have to deal with numerous cases on a daily basis. The high number of pending cases in lower as well as the higher courts is not something new to debate about. To sort this out, courts prefer that matters should be alternated to the time consuming process. That is where Alternate Dispute Resolution (ADR) comes into picture. Arbitrators and mediators are appointed as the neutral entities. Arbitration and mediation lawyers help settle matters between parties to dispute amicably through out of court settlements while having binding effect to a certain extent. Who are covered by an arbitration and mediation proceeding depends upon the facts of the case.

Arbitration and Mediation Lawyers

Arbitration Lawyers

Arbitration as alternative dispute resolution is a process of out of court settlement but only one of the parties wins in the end just like normal litigation. Arbitration in ADR requires appointment of a neutral arbitrator who is decided by both the parties and facts of the matter are put forward by both. An arbitration attorney helps the clients on the structure of facts put effectively in front of the arbitrator and the relevant witnesses, etc.

If you have matters in Delhi location, contact Arbitration and Mediation lawyers in Delhi.

Mediation Lawyers

In simple words, mediation can be understood as settlement of a conflict by a neutral third party, possibly through a mediation attorney, to reach a mutual stand. Mediation lawyers put forward their client’s matter before the mediator to settle matters in their favour while deciding a mutual outcome.

Family Law Mediation

A family is not always perfect and conflicts happen. Sometimes, these conflicts turn serious and matters are taken before courts. Mediation in family law disputes is helpful to settle matters amicably without affecting the relations much. If I have a family matter to deal with where mediation has a scope, I should find family law mediators near me and proceed accordingly. For family law mediation may require a mediation attorney if the matter is a bit complicated.

Contact lawyers near you for consultation on legal matters.

FAQs for Arbitration and Mediation Lawyers

Q- Which is better mediation or arbitration?

A- Arbitration and mediation lawyers usually make both the processes convenient. However, the answer to which is better - mediation or arbitration may depend upon the consensus of both the parties to conflict regarding the matter. If both wish to mediate and settle on a mutual ground, mediation is better. However, if nobody wants to settle for any less but wish quick redressal, arbitration may prove better.

Q- What does a lawyer do in arbitration?

A- Arbitration lawyers help their clients just like a litigation advocate. They know the legal grounds, application of law, relevant clauses, etc. Hence, an arbitration attorney puts forward the matter before the arbitrator.

Q- Can mediation and arbitration be combined?

A- Yes, arbitration as alternative dispute resolution may be combined with mediation. Although the difference between arbitration and mediation and conciliation lies in the process. Parties may start with one and if things do not follow the track, it may be switched on to another mode as per convenience. Arbitration and mediation lawyers may be better able to assist based on the facts of the case.

Q- Is arbitration cheaper than mediation?

A- Although the costs vary depending upon the arbitrator or mediator appointed as well as the arbitration and mediation lawyers hired. However, mediation is usually more cost effective as compared to arbitration since it's just a twin brother of litigation which requires the experts involved as arbitration attorney and arbitrator to be well versed with the law and process.

Q- What are the disadvantages of arbitration?

A- Arbitration in ADR also has two sides of the coin. The process may be flexible but sometimes lacks transparency. The arbitration orders reached upon through arbitration lawyers usually have restricted options of appeal. Also, the nature of conflict decides whether arbitration as alternative dispute resolution shall prove effective or not.