Mediation vs arbitration vs court
A narrative comparison of the three most common paths.
ADR Suitability Matrix
Every process makes different trade-offs. Toggle which ones you want to compare, across the factors that usually matter most.
| Criterion | Mediation | Conciliation | Arbitration | Lok Adalat | Online Dispute Resolution | Litigation |
|---|---|---|---|---|---|---|
| Cost | Very high | Very high | Low | Very high | Very high | Very low |
| Speed | Very high | High | Moderate | Very high | Very high | Very low |
| Confidentiality | Very high | Very high | High | Moderate | High | Very low |
| Enforceability | High | High | Very high | High | High | Very high |
| Flexibility | Very high | High | Moderate | Moderate | High | Very low |
| Preserves relationships | Very high | High | Low | High | High | Very low |
| Suits cross-border disputes | Moderate | Moderate | Very high | Very low | High | Low |
How to read the matrix
The matrix rates six routes (mediation, conciliation, arbitration, Lok Adalat, online dispute resolution and court litigation) on seven criteria: cost, speed, confidentiality, enforceability, flexibility, how well each preserves relationships, and how well each suits cross-border disputes. Ratings are relative comparisons for a typical dispute, not guarantees for yours.
Read across a row to see which process is strongest on the factor that matters most to you, and down a column to see a process's overall profile. Mediation and conciliation rate highly on cost, confidentiality and relationships but need both sides to agree. Arbitration rates highest on enforceability and cross-border suitability. Litigation is public and slow but available without the other side's agreement.
Applying it to your dispute
For a dispute with a party outside India, see cross-border commercial disputes connected with India; for an award already made abroad, see enforcing a foreign arbitral award in India. For domestic business disputes, see commercial and contract disputes, and check whether an ADR outcome is binding.
Questions about this tool
Which dispute resolution process is the most confidential?
Mediation and conciliation rate highest for confidentiality; arbitration is private but its award can surface in a court challenge, and court litigation is generally public.
Which process gives the most enforceable outcome?
Arbitration and court judgments rate highest: an arbitral award is enforced like a court decree under Section 36 of the Arbitration and Conciliation Act, 1996, while a negotiated settlement's enforceability depends on the form it is recorded in.
Which process suits a cross-border dispute?
Arbitration rates highest for cross-border disputes because awards can be enforced in New York Convention countries, with online dispute resolution next for parties in different places.
General information only — not legal advice.
Related
Is a settlement legally binding?
Enforceability is one of the biggest differentiators in the matrix above.
Which process is right for me?
Get a specific recommendation rather than comparing everything at once.