Devansh Dubey, a student of Parul Institute of Law, gained significant insights during his internship at a District Legal Services Authority, which included the understanding that litigation is not the only means of resolving a dispute. He observed the parties negotiating with one another with help and saw that there is more to the legal profession than litigation. This is the world of alternative dispute resolution.
Alternative Dispute Resolution (ADR)
Alternative dispute resolution (ADR) refers to a group of dispute resolution techniques that avoid court litigation. ADR can allow parties to resolve disputes sooner and without a trial that is so lengthy that it is imposed by a judge. It has grown in significance across the globe, partly because of the massive number of pending cases in courts across the world, and ADR provides a fast and non-aggressive avenue to justice. The various methods of ADR are mediation, arbitration, conciliation, and Lok Adalats in India.
What Is Mediation?
Mediation is a non-compulsory process where a neutral third party (the mediator) facilitates communication, understanding, and resolution between two parties who cannot agree on a solution on their own. Most importantly, the mediator makes no determination as to the outcome and does not make the decision on what the solution will be, as a judge would do. Rather, they are meant to create a dialogue so that the parties can reach a mutual agreement. The fact that both parties have a hand in shaping the outcome makes mediation less likely to result in a winner and a loser and more likely to lead to a solution both parties will accept.
The Other Forms of ADR
Arbitration: a neutral arbitrator listens to each side and arrives at a decision (an award) which is generally final and binding, similar to a trial in court, except it is conducted privately and is more streamlined.
- Conciliation: Mediation, but the conciliator can be more involved in suggesting settlement terms.
- Lok Adalat: A special “people’s court,” set up under the legal-services system that resolves disputes amicably and quickly, at no cost in many cases, and is a uniquely Indian concept.
- Mediation vs. Litigation: The case for Mediation.
Mediation has many benefits over a full trial. It is typically quicker than years of litigation, is less expensive, saves on extended litigation expenses, and is less adversarial; it helps maintain relationships of the parties, which is significant in family or business conflicts. It is confidential, as well, and provides the parties with control of the results. Wherever there is a dispute that is appropriate for settlement; everyone can benefit from avoiding unnecessary delays and unnecessary costs, as Devansh noted.
Mediation: The Best Choice or Not!
Not all conflicts require mediation, but a competent attorney is aware of the difference. It is most important that both parties are willing to make it work and try to come to a conclusion, instead of trying to win. It is appropriate for conflicts that involve a continuing relationship, where privacy is important, or in conflicts where a speedy, low-cost resolution is desired. But certain issues, especially those relating to serious criminal activity or where there is a precedent that must be bound by legalities, must be taken to court. Devansh understood that each legal situation is unique and calls for a solution that is appropriate to it.
A Growing Field, and a Global One
ADR, and mediation especially, has emerged as a rapidly evolving field of law, with a dedicated structure and robust policy agenda to reduce the court load in India. It is also more and more global: cross-border mediation, a new and growing field, is now acknowledged, and opportunities such as the Parul International Mediation Competition, which attracts people from all over the world, provide law students with a broad exposure to this growing area. Mediation and ADR skills are increasingly an integral component of a contemporary legal practice for aspiring lawyers. Step into the world of law with programs that bring together legal knowledge, critical thinking, and career-focused learning. Explore LL.B., BA LLB Honours, and LLM in Business and Corporate Law at Parul University.
FAQs
What is mediation?
It’s a process in which a neutral third party helps in reaching a mutually acceptable settlement. Instead of a judge, a mediator doesn’t decide the result or impose any solution; they communicate with both parties and help them come up with a solution that both sides accept!
What’s the primary difference between mediation & arbitration?
In mediation, a neutral mediator helps the parties reach their own voluntary agreement and does not impose a decision. In arbitration, a neutral arbitrator hears both sides and makes a decision (an award) that is usually binding, functioning like a private, streamlined trial. Mediation is collaborative; arbitration is more like a judgment.
When is mediation better than going to court?
Mediation is often better when both parties are willing to settle by mutual agreement, when an ongoing relationship (family or business) matters, when privacy is valued, or when a faster resolution is preferable. However, matters involving serious criminal conduct, or those needing a binding legal precedent, still belong in court.
