Arbitration vs Conciliation vs Mediation

Arbitration vs Conciliation vs Mediation

Arbitration

  • Quasi-Judicial Adjudicatory Process
  • Arbitrator(s) appointed by Parties through Agreement or Court
  • Governed by tailor-made Procedural Rules subject to Arbitration & Conciliation Act 1996 in India
  • Decision (Award) Legal Binding & Court Enforceable
  • Award is subject to Challenge on specified/ limited grounds
  • Adversarial in Nature as focus is on determination of Rights & Liabilities
  • Institutional Arbitration assistance available
  • A Formal Proceeding held in Private
  • More expensive than Mediation
  • Awards are recognizable & enforceable in 166 countries under The New York Convention 1958

Conciliation

  • In Conciliation, Conciliator plays a pro-active role and is a interventionist.
  • Quasi-Judicial Adjudicatory Process
  • Arbitrator(s) appointed by Parties through Agreement or Court
  • Governed by tailor-made Procedural Rules subject to Arbitration & Conciliation Act 1996 in India
  • Decision (Settlement) Same status & effect as if an Arbitration Award on agreed terms
  • Conciliator assist the parties in their attempt to reach an amicable settlement of their disputes
  • Less formal proceedings held in Private
  • Less expensive than Arbitration but expensive than Mediation
  • Fast than Arbitration but less than Mediation
  • Institutional Conciliation assistance available
  • Win-Win Solution
  • No Guaranteed outcome
  • Preserve relationships
  • Conciliation is generally employed in Civil Law countries

Mediation

  • It is a Negotiation Process and not an Adjudicatory Process
  • Procedures & Settlements not governed by any Statutory Provisions
  • Informal Proceedings in Private
  • Faster than Arbitration & Conciliation
  • Low Cost than Arbitration & Conciliation
  • Win-Win Solution
  • No Guaranteed outcome
  • Preserve relationships
  • "Singapore Convention on Mediation" signed by 53 countries