Pre-Litigation Mediation
Assess settlement opportunities and prepare a focused approach before formal proceedings.
TRIBUNALS – DISPUTE RESOLUTION
Mediation & Conciliation Cell
Resolving Disputes Amicably. Preserving Relationships. Building Sustainable Settlements.
OUR SERVICES FOR MEDIATION & CONCILIATION
Our Services in Mediation & Conciliation
Practical assistance from pre-litigation assessment and negotiation preparation through settlement documentation and enforcement support.
Commercial & Contractual Conciliation
Support resolution of contractual, payment, supply and service disputes.
Corporate & Shareholder Mediation
Facilitate constructive resolution of shareholder, board and business disputes.
Court-Referred Mediation
Advise and represent clients in mediation referred by a court or tribunal.
Partnership & LLP Disputes
Address partner disagreements, exit terms, accounts and business continuity concerns.
Cross-Border Commercial Settlements
Coordinate settlement discussions involving international parties and applicable jurisdictions.
Settlement Agreement Drafting
Document agreed terms, timelines, releases and implementation responsibilities.
Enforcement & Post-Settlement Support
Support performance monitoring and legal options if settlement terms are not honoured.
KEY BENEFITS
Key Benefits for Clients
Mediation and conciliation can offer a flexible, confidential and efficient route for resolving disputes without prolonged adversarial proceedings. Our team assists clients in identifying suitable matters, preparing for negotiations, representing parties in mediation and conciliation proceedings and documenting agreements with a focus on commercially sensible and legally enforceable outcomes.
Considered for your next chapter.
Confidential & structured process
Engage in a focused resolution process with appropriate confidentiality safeguards.
Negotiation & settlement support
Prepare positions, identify priorities and support productive settlement discussions.
Legal & commercial strategy
Align settlement options with legal rights, business needs and enforceability.
Cross-sector experience
Address commercial, corporate, partnership and cross-border disputes.
Time and cost efficiency
Explore proportionate resolution options alongside available formal proceedings.
Client-centric advisory
Tailor preparation and settlement strategy to each client’s objectives.
WHO NEEDS THESE SERVICES?
When Is Mediation & Conciliation Required?
Mediation and conciliation can offer a flexible, confidential and efficient route for resolving disputes without prolonged adversarial proceedings. Our team assists clients in identifying suitable matters, preparing for negotiations, representing parties in mediation and conciliation proceedings and documenting agreements with a focus on commercially sensible and legally enforceable outcomes.
- Commercial or contractual disputes
Where parties want to explore a negotiated resolution while preserving business interests.
- Pre-litigation settlement opportunities
When early engagement may resolve issues before costs and proceedings escalate.
- Court-referred mediation
For matters referred to mediation by courts, tribunals or other competent forums.
- Corporate and shareholder disagreements
Where owners, directors or stakeholders need a structured path to resolution.
- Partnership and business disputes
For disagreements affecting management, accounts, ownership or continuity.
- Cross-border commercial matters
Where parties or obligations span jurisdictions and settlement coordination is needed.
Clarity for what comes next.
COMPARATIVE ANALYSIS
Comparative Analysis – Mediation, Conciliation & Arbitration
The appropriate model depends on the business, activity, applicable law and commercial objectives.
Comparative Analysis – Mediation, Conciliation & Arbitration
| Parameter | Mediation | Conciliation | Arbitration |
|---|---|---|---|
| Nature | Negotiated settlement facilitated by a neutral | Facilitated settlement; conciliator may assist with proposals | Adjudicatory process before an appointed arbitrator |
| Decision-maker | Parties decide whether to settle | Parties decide whether to accept terms | Arbitrator issues an award |
| Process | Flexible and confidential, subject to applicable rules | Structured but generally settlement-focused | Governed by arbitration agreement and applicable law |
| Outcome | Settlement terms agreed by parties | Settlement agreement if parties reach agreement | Arbitral award, subject to legal challenge or enforcement |
| Typical use | Relationship-sensitive commercial disputes | Commercial or civil disputes suited to conciliation | Disputes where parties agreed to arbitrate |
Key Laws & Authorities
| Parameter | Applicable Framework | Key Considerations |
|---|---|---|
| Mediation Act, 2023 | Mediation framework | Includes pre-litigation and institutional mediation provisions, as applicable. |
| Commercial Courts Act, 2015 | Pre-institution mediation | May apply to specified commercial disputes, subject to statutory exceptions. |
| Arbitration and Conciliation Act, 1996 | Conciliation | Governs conciliation processes and related settlement provisions. |
| Code of Civil Procedure, 1908 | Court-referred ADR | Section 89 provides for alternative dispute resolution, subject to applicable procedure. |
| Court / tribunal directions | Referral procedure | Terms, timelines and procedural requirements depend on the forum and matter. |
This comparison is illustrative. Requirements should be confirmed against the facts and laws applicable to the specific matter.
MEDIATION & CONCILIATION ADVISORY PROCESS
Our Mediation & Conciliation Process
A considered process from initial assessment and preparation through negotiation, settlement documentation and implementation.
- 01
Initial Assessment
Understand the dispute, parties, history, commercial priorities and any urgent deadlines.
- 02
Document Review
Review contracts, correspondence, claims, evidence and any existing proceedings.
- 03
Strategy & Positioning
Identify desired outcomes, negotiation range, risks and potential settlement options.
- 04
Mediation / Conciliation
Prepare for and represent the client during mediation or conciliation sessions.
- 05
Settlement Documentation
Record agreed terms, responsibilities, timelines, releases and any conditions.
- 06
Implementation & Follow-Up
Monitor agreed actions and advise on next steps if settlement is delayed or breached.
DOCUMENTS & REQUIREMENTS
Documents Required (Illustrative)
The final checklist depends on the legal structure, transaction, activity and applicable jurisdiction.
- Contracts, agreements and relevant correspondence
- Financial records and transaction documents
- Notices, pleadings and dispute chronology
- Authority documents and corporate approvals
- Evidence and supporting records
- Settlement proposals and negotiation history
- Details of any court, tribunal or arbitration proceedings
- Draft settlement terms and implementation requirements
PROS AND CONS
Pros and Cons of Mediation & Conciliation
Key Advantages
- Confidential & structured process
- Negotiation & settlement support
- Legal & commercial strategy
- Cross-sector experience
- Time and cost efficiency
- Client-centric advisory
Key Challenges
- Pre-Litigation Mediation
- Commercial & Contractual Conciliation
- Corporate & Shareholder Mediation
- Court-Referred Mediation
- Partnership & LLP Disputes
- Cross-Border Commercial Settlements
- Settlement Agreement Drafting
- Enforcement & Post-Settlement Support
GOVERNMENT & STATUTORY FEES (EXAMPLES)
Fees depend on the matter and scope
Professional fees depend on complexity, jurisdictions, stakeholders and agreed scope. Government fees, taxes, stamp duty and third-party charges are separate and confirmed against current requirements.
Mediation & Conciliation Assessment
By scope- Initial consultation and scope assessment
- Review of relevant records
- Key legal and regulatory considerations
- Recommended next-step plan
Mediation & Conciliation Advisory
Tailored- Detailed advisory and documentation
- Implementation and coordination support
- Regulatory and stakeholder assistance
- Ongoing monitoring as agreed
Customised Quote
For complex ownership, activity-specific permissions, foreign participation or tailored requirements.
Get a QuoteGovernment charges, applicable taxes and third-party costs are confirmed separately as part of the proposed scope.
FREQUENTLY ASKED QUESTIONS
Browse all FAQs A few useful answers
Answers to common questions about mediation & conciliation cell and related legal or regulatory requirements.
What is mediation?
Is mediation compulsory for commercial disputes?
Can a settlement agreement be enforced?
What is the difference between mediation and conciliation?
Can mediation take place after a case has been filed?
What disputes can be mediated?
How can Astronis Global assist?
TESTIMONIALS
Clear advice. Practical direction.
Perspectives shared with permission by clients of our advisory teams.
Astronis Global brought clarity and commercial focus to a complex restructuring exercise. Their advice was practical, timely and easy for our leadership team to act on.
The team understood our regulatory requirements quickly and helped us move forward with confidence. We valued their responsiveness and disciplined follow-through.
Astronis Global provided dependable support across multiple registrations and approvals. Their communication was clear, structured and consistently professional.
INSIGHTS & EVENTS
View all insights Latest Articles, Updates and Events
Mediation & Conciliation
Mediation & Conciliation Cell: Key Requirements and Practical Considerations
Read insightMediation & Conciliation
Mediation & Conciliation Cell: Regulatory Framework and Compliance Priorities
Read insightMediation & Conciliation
Mediation & Conciliation Cell: Planning an Effective Implementation
Read insightKNOWLEDGE CENTRE
Guides, checklists and templates
Guides and checklists for mediation & conciliation cell and related compliance planning.
GUIDE
Mediation Act, 2023 – Key Provisions
Explore resource CHECKLISTPre-Institution Mediation Checklist
Explore resource GUIDECommercial Mediation Guide
Explore resource CHECKLISTSettlement Agreement Checklist
Explore resource GUIDEConciliation & ADR Mechanisms
Explore resource CHECKLISTPost-Settlement Implementation Guide
Explore resourceYOUR NEXT CHAPTER STARTS HERE
Resolve Disputes. Preserve Relationships. Move Forward with Clarity.
Discuss a commercial, corporate or contractual dispute with our mediation and conciliation advisory team.
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