Debajyoti Chakrabarty
Amity University, Kolkata
Abstract
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 […]