Mediation vs arbitration vs court
A side-by-side comparison of your main options.
There's no single right answer for every dispute. Tell us a little about yours and we'll point you toward the process people in similar situations usually find works best.
The selector asks ten questions: what the dispute is about, whether more than two parties are involved, whether a contract already contains a dispute-resolution clause, whether you need a binding outcome, how much confidentiality, cost, speed and the relationship matter to you, whether the dispute is cross-border, and whether a government body is involved. Mediation, conciliation, arbitration, Lok Adalat and online dispute resolution are each scored against your answers, and the result explains why the top option ranks first.
Some answers matter more than others. An existing arbitration clause usually decides the route, because the other side cannot simply walk away from it. If both sides are still willing to talk, mediation is usually worth trying first. If you need a decision without the other side agreeing to the outcome, arbitration or court is the realistic path. The comparison of mediation, arbitration and litigation sets the three side by side.
Once you know which process fits, read the guide for your situation: recovering money owed, commercial and contract disputes, family and matrimonial disputes or property and real estate disputes. Then check whether the outcome will be binding.
In mediation, the parties reach their own agreement with a neutral's help and the mediator decides nothing; in arbitration, an arbitrator hears both sides and issues a binding decision, the award, under the Arbitration and Conciliation Act, 1996.
Mediation and conciliation need both parties' agreement, but if your contract contains an arbitration clause the other side cannot unilaterally avoid arbitration; without a clause, and if every form of ADR is refused, litigation is the remaining route.
A mediation binds no one until the parties sign a settlement, and how that settlement is enforced depends on the form it is recorded in, such as a consent decree, a Lok Adalat award, an arbitral award on agreed terms or a contract, because Section 27 of the Mediation Act, 2023 has not yet commenced.
General information only — not legal advice.
A side-by-side comparison of your main options.
What makes an outcome enforceable, and how.
Estimate and compare costs once you know your options.