I love mediation, for when hearts are willing to listen, the table itself begins to speak the language of peace, understanding, and resolution:
Anindya Kumar Bhattacharya
May 18, 2026
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Aspect
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Mediation
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Arbitration
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Litigation
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Nature of Process
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Collaborative and consensual
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Adjudicatory but private
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Adversarial and formal
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Decision Making
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Parties decide settlement themselves
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Arbitrator gives binding award
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Judge imposes binding judgment
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Time Required
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Days or weeks
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Months to years
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Often several years
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Cost
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Low and economical
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Moderate to high
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Very expensive
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Confidentiality
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Completely confidential
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Generally confidential
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Public court records
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Flexibility
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Highly flexible procedures
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Limited flexibility
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Strict procedural laws
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Preservation of Relationships
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Strongly preserved
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Partially preserved
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Often severely damaged
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Scope for Creative Solutions
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Very high
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Limited to legal claims
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Restricted by legal remedies
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Emotional Stress
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Minimal and cooperative
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Moderate
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High and confrontational
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Compliance Rate
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Higher due to voluntary settlement
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Enforceable but sometimes resisted
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Often challenged through appeals
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Appeal/Challenge
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Rarely challenged
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Can be challenged in courts
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Multiple appeals possible
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Role in Business Environment
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Promotes ease of doing business
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Useful for commercial disputes
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Often delays business decisions
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Public Image
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Win-win approach
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Winner-loser approach
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Highly adversarial
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The
celebrated observation by negotiation expert Joseph Grynbaum - “An ounce of
mediation is worth a pound of arbitration and a ton of litigation” - beautifully
captures the wisdom of resolving disputes at the earliest and most cooperative
stage possible. Mediation requires only a small investment of time, money, and
emotional energy because it encourages dialogue, understanding, and voluntary
settlement between parties before hostility deepens. Arbitration, though less
formal than court proceedings, still involves legal procedures, costs, and a
win-lose outcome imposed by a third party. Litigation, on the other hand, often
becomes lengthy, expensive, adversarial, and emotionally exhausting, sometimes
damaging relationships beyond repair. Grynbaum’s metaphor therefore emphasizes
that a little effort spent in mediation can prevent enormous financial,
psychological, and social costs later, making mediation not merely a legal tool
but a humane and practical path to peace and justice.
(Tripurainfo)
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