Mediation and arbitration are advisable as the first options for most NRI property disputes rather than jumping into litigation. They provide faster, cost-effective, and mutually agreeable resolutions while restoring conflicted parties’ relationships.

While no dispute resolution process is ideal for all situations, mediation is particularly suitable for sensitive conflicts involving family members, inheritance issues, and other situations where preserving relationships is essential. Complex title disputes may be better suited for arbitration.

Key judicial reforms include mandatory mediation referral for certain property disputes, training programs for mediators/arbitrators, litigant awareness programs, pre-litigation mediation mechanisms involving government agencies, and promoting arbitration through policies focused on infrastructure and timely resolution.

Centres like ICADR and state arbitration centres provide infrastructure facilities, procedural assistance, a panel of experienced arbitrators across sectors, and a robust framework to conduct arbitral proceedings – which makes arbitration smooth and efficient for even complex NRI property disputes.

Arbitration is a private, court-like proceeding in which disputing parties present their cases before an arbitrator who reviews the evidence and then gives a binding decision or award. Key benefits are enforceable outcomes, technical expertise of arbitrators, neutrality, and cost and time savings compared to traditional litigation.

District Legal Services Authorities (DLSAs) conduct Lok Adalats, which serve as dispute resolution forums where trained mediators assist those who voluntarily approach them with disputes, including NRI property disputes.

Critical advantages of mediation include – faster and cost-effective resolution, flexibility to shape customized solutions, preservation of relationships, maintenance of confidentiality, and a neutral mediator who objectively facilitates the process without imposing decisions.

Mediation helps resolve disputes faster and at lower costs while preserving relationships. It is a voluntary and confidential process. Parties reach a mutually acceptable settlement agreement through a neutral third-party mediator.

Court cases for NRI property disputes can be lengthy, expensive, and emotionally draining, and they may permanently damage relationships between family members. After years of litigation, there is no certainty of favourable outcomes. Outcomes are also imposed rather than mutually agreed upon.