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.