MEDIATION AS AN ALTERNATIVE TO INTERNATIONAL COMMERCIAL ARBITRATION: ISSUES AND CHALLENGES

Satish Kumar; Arunanshu Dubey

doi:10.29121/shodhkosh.v7.i9s.2026.7966

Authors

Satish Kumar Research scholar, Institute of Legal Studies and Research, GLA University, Mathura, India
Dr. Arunanshu Dubey Assistant Professor, Institute of Legal Studies and Research, GLA University, Mathura, India

DOI:

https://doi.org/10.29121/shodhkosh.v7.i9s.2026.7966

Keywords:

Commercial Disputes, Mediation, Alternative Dispute Resolution

Abstract [English]

“The method adopted by business parties to dispute resolution has shifted over the previous decade. While conventional conflict resolution techniques such as litigation and arbitration remain popular, commercial parties are increasingly turning to alternative dispute resolution methods to discover ways that better suit their commercial objectives and offer efficient and effective results. Mediation is frequently the solution. Mediation helps the parties to maintain control of the situation and focus on a commercial solution rather than legal action. It has the power to transform a commercial conflict into a business opportunity. As a result, mediation is a primary choice, with arbitration and lawsuit as backup options. In this paper, in addition to describing the features of mediation and how the process works, the benefits, and drawbacks of mediation are explored, as well as ideas for how to encourage mediation in business conflicts.”

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