LEGAL GUIDE · MEDIATION AND ARBITRATION
Can every issue in a dispute be settled in mediation?
Mediation can help parties explore lawful agreement, but consent cannot settle every legal issue or bind people who lack representation or authority. Criminal, public-law, status, third-party and other non-settleable questions require particular care. A settlement must remain within the law.
What to examine
Separate negotiable practical arrangements from decisions reserved to a court or statutory authority. Children, absent owners, creditors, public bodies and other affected persons may need safeguards or participation. A party cannot give away someone else's rights through a private compromise. Any proposal involving withdrawal of cases should identify the lawful closure process for each case.
Records to collect
- List of disputes and proceedings
- party and authority documents
- third-party interests
- proposed terms and required permissions
Keep complete, dated copies and preserve originals. Note which records are missing and where they may be requested; do not alter a document to fill a gap in the history.
The applicable framework
Mediation is a process for exploring lawful agreement; arbitration is an adjudicatory process based on the applicable legal framework. The agreement, referral, institution and effective statutory provisions matter. A procedural label alone does not establish confidentiality, enforceability, court jurisdiction or the time available for a challenge.
A practical next step
Create an issue-by-issue settlement map showing what can be agreed and what needs an independent order or consent. Use mediation with that scope made clear.
Related guidance
- A signed mediation settlement — how can it be enforced?
- Confidentiality in mediation — scope and exceptions
- Mediation ends without agreement — what happens next?
- Mediation and arbitration — practice information
- Browse this guide collection
Sources and official resources
- India Code — The Mediation Act, 2023
- J&K High Court — court rules and procedural materials
- India Code — The Commercial Courts Act, 2015
Prepared 19 October 2026. General legal information. The applicable law, amendments, forum, evidence and time limits require assessment for the individual matter.