THE EFFECTIVENESS OF MEDIATION IN RESOLVING CORPORATE DISPUTES
AUTHORS – MUSKAAN HOSSAIN* & ADVOCATE PRITHWISH GANGULI**
* STUDENT AT SCHOOL OF LAW, BRAINWARE UNIVERSITY, WEST BENGAL, KOLKATA.
EMAIL:MUSKAANHOSSAIN147@GAMIL.COM
**PH.D. SCHOLAR, DEPARTMENT OF LAW, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR, INDIA. EMAIL: PRITHWISHGANGULI@GMAIL.COM
BEST CITATION – MUSKAAN HOSSAIN & PRITHWISH GANGULI, THE EFFECTIVENESS OF MEDIATION IN RESOLVING CORPORATE DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 1053-1058, APIS – 3920 – 0001 & ISSN – 2583-2344
Abstract:
In Business world the corporate disputes are very common and it can be arising to issue like contract breaches, partnership disagreement or competition disputes. In Olden days the businesses depend on litigation to settling their disputes because the court cases are a very expensive, time consuming and it also get harming the business relationships.
Mediation really dates back thousands of years and is one of the oldest methods for resolving conflict. Across different cultures, mediation is a great way to bring people together peacefully so they don’t have to resort to fights, violence or months of court proceedings. It’s quite timeless how the same themes resonate. It is referring to a different way of settling the disputes without going to a court.
This research aims to explore how mediation works well to resolve important business disagreements. Mediation is important because it is a cost- effective, faster than litigation, confidential and help to maintain the business relationship. Unlike court judgments, mediation allows companies to work out and get what is really convenient and one of the best creative ways to solve their problems, and it also brings less stress compared to litigation. Mediation is thus a practical choice for companies because the process stresses less.
However, the mediation has some of limitations. Both parties must have to agree participating in the voluntarily and the mediator is only to assist the parties and don’t have to be decide who is right or also they do not have any authority to impose a decision. If mediation doesn’t work mediation, simply turns into a court case and that usually ends up costing more and taking longer.
Mediation has been gained so much popular in india because it settling disputes quickly, and it maintain positive working in the working relationships. In the case of a technology company disputes over intellectual property rights and it showing that how the mediation helped both the parties to reach a legal agreement without going to legal battle.
This is highlighted that the mediation is very effectively in protecting the individual business interest while avoided the court related issues.
Key words: Corporate disputes, Mediation, Alternative Dispute Resolution, Negotiation, Legal Enforceability.