Know the Difference Between Arbitration and Mediation-Information You Cannot Overlook!

Arbitration Lawyers

Both Arbitration and Mediation are legal practices that are valid and accepted by the court of law. Before the difference between arbitration and mediation in India, let’s out what these two terms actually stand for!

Also Read : Want to Hire an Expert Family Lawyer in Kolkata? 4 Tips You Can Follow!

Arbitration in India:

It is a court process that takes place outside the court. It is not presided over by an appointed judge. Instead, one or more unbiased person/parties are given the charge of listening to the matter and then coming up with a decision. Usually, one or multiple parties are appointed only when both parties agree on the appointment. The process begins with filing up the application and submitting the facts and related facts, witnesses, and documents. The arbitration lawyers take a close  at everything. Listen to the warring parties, and then decide the case. Usually, the decision of the arbitrators is acceptable to both parties as they give their consent to their appointment. So, they cannot challenge that decision until the court permits!

Mediation in India:

In India, Mediation is defined as a process that allows the parties to settle the case outside the court. Here, the court appoints a mediator who shoulders all the responsibilities related to settling the case and the dispute related to it. The mediator does not impose any decision on the parties. Rather, he creates an atmosphere through communication that makes the parties settle down the disputes amicably. You must know that mediation does not come with an acceptable award.

Cases Allowed for Arbitration Procedure:

  • Commercial matters
  • Civil cases
  • Cases related to labour
  • Family matters
  • Cases related to joint ventures
  • Rights to intellectual properties
  • Real estate securities
  • Insurance claims, Banking, and non-banking transactions

Cases Accepted for Mediation Process:

  • Commercial contracts
  • Child Custody
  • Personal injury
  • Employment contracts
  • Personal injury
  • Divorce
  • Construction Projects
  • Intellectual Property Rights
  • Professional liabilities
  • Joint Ventures
  • Partnership differences

Your consultation with the most versatile legal advisers and combining with the professionals only and your communication with the lawyer in Kolkata can make you reach the idea on the differences between arbitration and mediation in India.

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Location: Kolkata, West Bengal, India

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