Nearly everyone has considered litigation at one point or another in their lives. The offended party seeks the counsel of an attorney and files a lawsuit in court,


Conversely, mediation is usually handled by a single mediator who makes no judgements about either party. He or she will help facilitate a dialogue


Arbitration can also save on the costly expenses of counsel, but arbitration cases are usually binding at their conclusion.


Advocate Shailesh Goyal is a financial sector lawyer firm based in Mumbai.

The firm provides regulatory advice and assistance in the financial sector, focusing on the securities, investments and banking industry in particular. The firm’s work extends from advisory services to transactional to litigation services. We regularly provide advice on complex securities and financial market issues on areas such as takeover regulations,


case studies

Business-to-Business Mediation/Arbitration vs. Litigation

Business owners and managers who are familiar with the court litigation system know that high litigation costs and lengthy delays make it difficult and expensive to resolve business disputes in court. They also know that most civil cases that enter the court system are settled before trial, usually after significant time and money has been spent in the complex pre-trial phase but just in time to avoid the risk of trial. What business people may not know—but should—is that mediation and commercial arbitration are regarded as providing superior solutions for resolving business disputes. Mediation puts the parties immediately in control the outcome without expending vast resources



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