Judicial Process

Arbitration

Mediation

An

where

adjudicatory

a third

process

party

A quasi-judicial adjudicatory

process where the

A negotiation process and not

an adjudicatory process. The

(judge/other authority) decides the outcome

arbitrator(s) appointed by the Court or by the parties decide the dispute between the parties

mediator facilitates the process. Parties participate directly in the resolution of their dispute and decide the

terms of settlement.

Procedure and decision are governed, restricted, and controlled by the provisions of the relevant statutes.

Procedure and decision are governed, restricted and controlled by the provisions of the Arbitration &

Conciliation, 1996.

Procedure and settlement are not controlled, governed or restricted by statutory provisions thereby allowing

freedom and flexibility.

The decision is binding on the parties.

The award in an arbitration is binding on the parties.

A binding settlement is reached only if parties arrive at a mutually acceptable

agreement.

Personal appearance or active participation of parties is not

always required.

Personal appearance or active participation of parties is not

always required.

Personal appearance and active participation of the

parties are required.

A formal proceeding held in public and follows strict procedural stages.

A formal proceeding held in private following strict procedural stages.

A non-judicial and informal proceeding held in private

with flexible procedural stages.

Decision is appealable

Award is subject to challenge on specified grounds.

Decree/Order in terms of the settlement is final and is not

appealable

Mediation

Conciliation

Lok Adalat

Voluntary process

Voluntary process

Voluntary process

Mediator is a neutral third party.

Conciliator is a party. Presiding neutral third party.

neutral officer

third is a

Conciliator is a neutral third party. Presiding officer is a neutral third party.

Service of lawyer is available

Service of lawyer is available

Service of lawyer is available

The function of the Mediator is mainly facilitative.

The function of the conciliator is more active than the facilitative

function of the mediator.

The function of the Presiding Officer is persuasive.

The consent of the parties is not mandatory for referring a case

to mediation.

The consent of the parties is mandatory for referring a case to

conciliation.

The consent of the parties is not mandatory for referring a case to

Lok Adalat.

Regulated by Code of Civil Procedure, 1908

Regulated by Arbitration and Conciliation Act, 1996

Regulated by Legal Services Authorities Act, 1987

Not appealable.

Decree/order not appealable.

Award not appealable

parties are actively and directly

involved.

parties are actively and directly

involved.

parties are not actively and

directly involved so much

Confidentiality is the essence

Confidentiality is the essence

Confidentiality is not observed