From Negotiated Peace to Binding Award: The Jurisprudential Divide Between Mediation and Arbitration

This paper examines the jurisprudential divide between mediation and arbitration within India’s evolving ADR framework. Arbitration, codified under the Arbitration and Conciliation Act, 1996, embodies adjudicatory authority and finality, with awards enforceable as court decrees. Mediation, institutionalized through the Mediation Act, 2023, privileges party autonomy, dialogue, and voluntary settlement. The study traces historical roots, statutory recognition, and judicial endorsement, highlighting the tension between consent and authority. Contemporary challenges—enforcement delays, institutional infrastructure, and global integration—are critically assessed. Ultimately, mediation fosters social harmony while arbitration secures commercial certainty, together forming complementary pillars of India’s pursuit of accessible and balanced justice.