The Supreme Court in its landmark case of Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., held that all cases relating to trade, commerce, contracts, consumer disputes and even tortious liability

Mediation and Conciliation are all basically non-adjudicatory dispute resolution processes, where a neutral third-party renders assistance to the parties to the disputes to reach a satisfactory settlement. The neutral third-party listens to the parties, ascertains the facts and circumstances and the nature of disputes, identifies the causes for the difference or conflict and facilitates the parties to reach an amicable settlement. The object of mediation is to offer to the litigant public, a speedy and satisfactory alternative dispute resolution process in certain types of civil cases. When the cases suitable for negotiated, settlements are referred to mediation, the benefits are twofold: The parties find an amicable solution by the negotiated settlement The courts will have more space to deal with cases which require to be adjudicated by courts. Building awareness regarding mediation and invoking mediation as an alternative dispute resolution process is only to supplement the functioning of courts, with reference to certain types of civil cases. Mediation is not intended to and in fact cannot, replace courts. Disadvantages of adjudicatory process: Delay in resolution of the dispute Uncertainty of outcome Inflexibility in the result / solution High cost Difficulties in enforcement and Hostile atmosphere