Arbitration Mediation Litigation

Arbitration, Mediation, and Litigation are three distinct methods of dispute resolution used in legal proceedings. Each has its own characteristics and processes. In India, these methods are regulated by specific acts and laws. Here’s an overview of each, along with relevant sections in Indian laws:

1. Arbitration:

Arbitration is a form of alternative dispute resolution (ADR) where parties involved in a dispute agree to have an impartial third party, known as an arbitrator, make a binding decision. The decision is based on the evidence presented by both parties. In India, arbitration is governed by the Arbitration and Conciliation Act, 1996.

Notable Sections in the Arbitration and Conciliation Act, 1996:

  • Section 7 – Arbitration Agreement: Defines an arbitration agreement and specifies its requirements.
  • Section 9 – Interim Measures: Grants powers to the court to grant interim measures before or during arbitration proceedings.
  • Section 34 – Application for Setting Aside Arbitral Award: Provides grounds for challenging or setting aside an arbitral award.
  • Section 36 – Enforcement of Arbitral Awards: Deals with the enforcement of arbitral awards in India.

2. Mediation:

Mediation is an ADR process where an impartial third party, known as a mediator, facilitates communication and negotiation between parties to help them reach a voluntary agreement. Unlike arbitration, the mediator does not impose a decision. While mediation is not governed by a specific act in India, it is gaining popularity as a method of resolving disputes.

3. Litigation:

Litigation is the traditional process of resolving disputes through the court system. It involves formal legal proceedings where parties present their case before a judge, who then makes a final decision. Litigation in India is primarily regulated by the Code of Civil Procedure, 1908, for civil matters, and the Code of Criminal Procedure, 1973, for criminal matters.

Notable Sections in the Code of Civil Procedure, 1908:

  • Order I – Parties to Suits: Deals with who may be joined as plaintiffs or defendants in a suit.
  • Order VI – Pleadings: Specifies the requirements and content of pleadings (plaints and written statements).
  • Order VII – Plaint: Deals with the particulars that must be contained in a plaint.
  • Order VIII – Written Statement, Set-off and Counter-claim: Deals with filing a written statement in response to a plaint.

Notable Sections in the Code of Criminal Procedure, 1973:

  • Section 154 – Information in Cognizable Offences: Deals with the procedure for filing a First Information Report (FIR).
  • Section 173 – Report of Police Officer on Completion of Investigation: Specifies the contents of a police report after investigation.