Pre-litigation mediation has had limited success: Senior Advocate Prashanto Chandra Sen at LIDW

At a panel discussion during the London International Disputes Week 2026, participants examined the effectiveness of mediation, arbitration and litigation in resolving commercial disputes. The discussion highlighted that pre-litigation mediation in India has delivered limited results so far, despite efforts to reduce judicial backlogs. However, mediation was recognised as a growing dispute-resolution mechanism, particularly in sectors where preserving long-term business relationships is important. The panel also emphasised the need for stronger institutional support, early intervention and greater engagement from legal professionals to improve mediation outcomes. Sidharth Sethi, Partner, JSA,  said that mediation is deeply rooted in Indian tradition, including the Panchayat system and community-led dispute resolution. While commercial dispute resolution in India is presently dominated by arbitration, especially in marquee disputes, businesses are increasingly looking beyond legal victory and towards speed, lower costs, confidentiality and preservation of business relationships, he said. “The real question in India today is not whether we should go for arbitration or mediation. The question is, which method is best suited to resolve the dispute.” Read more