Alternative Dispute Resolution: Why Mediation is the Future
By FairLex Editorial | February 15, 2026 · 1 min read
In an era where courts are burdened with millions of pending cases, Alternative Dispute Resolution (ADR) has emerged as a viable and often preferable alternative to traditional litigation. Among the various ADR mechanisms, mediation stands out for its flexibility, cost-effectiveness, and ability to preserve relationships.
What is Mediation?
Mediation is a voluntary process where a neutral third party — the mediator — assists disputing parties in reaching a mutually acceptable settlement. Unlike arbitration or litigation, the mediator does not impose a decision. Instead, they facilitate communication and help parties explore creative solutions.
Legal Framework in India
The Mediation Act, 2023, provides a comprehensive legal framework for mediation in India. Key features include:
- Recognition of mediated settlement agreements as enforceable
- Establishment of the Mediation Council of India
- Provisions for online mediation
- Registration of mediators and mediation service providers
Advantages Over Litigation
Mediation offers several advantages: lower costs, faster resolution, confidentiality, and the preservation of business and personal relationships. Studies show that mediation resolves disputes in weeks rather than years.