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MEDIATION IN LABOUR AND INDUSTRIAL DISPUTES: A COMPARATIVE STUDY WITH ARBITRATION

📘 Volume 11 📄 Issue 11 📅 November 2025

👤 Authors

V. Nithya Sri, A. K. Arivarasi, R. Archana 1
1. Student, Law, Chettinad Academy of Research and Education

📄 Abstract

Industrial peace is crucial for economic growth, yet India continues to face persistent challenges in resolving labour and industrial disputes. This paper analyses the role of mediation in industrial dispute resolution through a comparative study with arbitration. Using doctrinal research and comparative analysis, it examines the legal provisions under the Industrial Disputes Act, 1947, the Industrial Relations Code, 2020, the Arbitration and Conciliation Act, 1996, and the Mediation Act, 2023. Relevant case laws and global practices are also reviewed to provide a comprehensive perspective. The findings reveal that mediation is more effective in preserving long-term industrial relationships and reducing judicial backlog, while arbitration ensures enforceability and finality. However, both mechanisms have inherent limitations. The study recommends integrating mediation as a mandatory first step in labour disputes, supported by trained mediators and strong institutional frameworks. The analysis further underscores the need for a hybrid model in which mediation precedes arbitration, thereby striking a balance between cooperation and legal certainty.

🏷️ Keywords

The Mediation Act 2023 Judicial Backlog Alternative Dispute Resolution Industrial Peace Labour Law.

📚 How to Cite:

V. Nithya Sri, A. K. Arivarasi, R. Archana , MEDIATION IN LABOUR AND INDUSTRIAL DISPUTES: A COMPARATIVE STUDY WITH ARBITRATION , Volume 11 , Issue 11, November 2025, EPRA International Journal of Multidisciplinary Research (IJMR) ,

🔗 PDF URL

https://cdn.eprapublishing.org/article/202511-01-024734.pdf

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