ADR: Difference between Arbitration, Mediation and Conciliation

Arbitration Mediation Conciliation

Arbitration is like Mediation is a method Conciliation: it is a voluntary

1.Meaning a court procedure of ADR in which proceeding where parties in
because the parties parties appoint a dispute agree to resolve their
submit evidence neutral third party dispute through neutral third
similar to a trial who facilitates the party.
where the third mediation process in-
2. Role party hears the order to assist the
entire situation parties in achieving an
and gives his acceptable, voluntary A conciliator may be an
decision which is agreement. interventionist in the sense that
binding upon the he/she may suggest solution to
3.Outcome parties. the parties, in order to resolve
Mediator merely their claims and disputes.
performs a facilitative conciliator i.e. third party tries
an arbitrator role and provides a to bring the disputants to
listens to the platform for the parties agreement
evidence which is to reach a mutually
brought by both agreeable
parties and makes solution(cannot suggest No binding agreement. The
a decision which solutions to parties) acceptance of settlement is
is generally needed by both of the parties.
binding upon both
parties Outcome is Not
binding on parties.
However any agreement
decision rendered expressed by parties
by an arbitrator is during mediation , if
known as an they choose, this
arbitral award and agreement may be
is binding incorporated into a
legally binding contract.
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