Publication Alert- ‘The Curious Case of Arbitration v. Mediation: Mere Modes of Alternative Dispute Resolution or Alternatives by Design?’ published on Bar and Bench

An article titled, ‘The Curious Case of Arbitration v. Mediation: Mere Modes of Alternative Dispute Resolution or Alternatives by Design?’, authored by Partner Rajeev Rambhatla, and Associate Aditi Shree Karra, published on Bar and Bench.

The article traces the evolution of dispute resolution from traditional community-based mechanisms to the modern frameworks of arbitration and mediation. It examines how both processes have developed into distinct statutory mechanisms in India while addressing a recurring misconception that arbitration and mediation are competing alternatives.

The authors argue that the focus should not be on choosing one mechanism over the other, but on identifying the dispute resolution process best suited to the nature of the dispute. The article also explores the growing relevance of hybrid processes such as Med-Arb and Arb-Med-Arb, highlighting how these complementary models can offer parties greater flexibility and efficiency.

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