Parties to a dispute adopt a multi-pronged approach to find a resolution. The resolution outcome depends on the nature of the dispute, relationship and expectations, economic financial losses and, the process adopted for resolution. The outcome can have a long-term impact on the business growth of a company. This article discusses the nuances of different dispute resolution processes that are broadly categorised as adversarial versus amicable in nature. Adversarial is defined in the Merriam-Webster dictionary as “involving two people or two sides who oppose each other: or an adversarial system of justice with prosecution and defence opposing each other. Amicable is described as “someone or something that is friendly and shows peace-loving characteristics. Friendly in feeling; showing goodwill; peaceable, an amicable discussion”. Disputes emanate from a breach of contract or fraud. The strategy to handle the conflict can be adversarial or amicable, with the same or similar outcome. The purpose is to find a quick, efficient, cost effective and enforceable solution that puts to rest the litigation, and allows the parties to go on with their respective businesses. The most obvious form of finding a resolution is to knock the doors of the court. This is either through litigation or alternate forms of Dispute Resolution (ADR) which is Arbitration and Mediation. Litigation follows an adversarial path. It is a formal judicial process wherein parties approach the court to settle the dispute. The court appointed Judge acts as a referee, and the contesting parties present their case in a formal manner. Based on the evidence the Judge or Adjudicator passes a decree or judgement. In litigation the Judge has to strictly follow a definite prescribed procedure, which is as per the codified procedural law: Code of Civil Procedure, 1908 and The Commercial Courts Act 2015. Approximately 10- 11 steps need to be fulfilled to complete a Court case, which includes service of summons, filing of pleadings and documents by both parties, discovery and interim orders, discovery of documents, witness statements, production of proof and evidence, crossexamination of witnesses, arguments which the Judge examines and concludes in a court decree. Discovery, proof and document production is lengthy and often risky. It requires sharing of confidential marketing and financial data with the opposite party and public disclosure, which can hamper the business growth of the Company. Litigation comes with a bagful of legal expenses for the paper work which is time consuming and costly. Litigation in comparison to ADR (Alternate Dispute Resolution), is rigid which strictly follows the procedures, statute and rule book. If the parties do not agree with the decisions of the court, they can appeal to a superior court, provided certain conditions are fulfilled. If not appealed, the decree or judgment needs to be legally executed to enjoy the fruits of the decision. ADR methods are non-adversarial, flexible and most importantly maintain confidentiality. It empowers parties to work together to amicably settle complex issues. The most common ADR methods are Conciliation, Mediation, Negotiation, and Arbitration. Arbitration is adversarial, although more supple than court litigation. It is a process in which an experienced, independent and neutral is appointed as an Arbitrator. It germinates from the clauses of a contract, where the parties agree that in case any dispute arises they would opt for arbitration rather than court. In comparison, arbitration is flexible, time and cost effective than litigation. It does not require the rigours of lengthy litigation by strictly following the procedural law. The Arbitrator/s along with the parties engineer the procedure and rules to be followed. The rigid steps of evidence gathering, witness statements need not be followed and a lot can be resolved on the basis of documentary proof. The arbitration proceedings conclude into an Award, which is at par with a Court decree and is final and binding on parties. Both the Court decree and Arbitration award require a separate process of enforcement that may require Court intervention. If the court decree is challenged in appeal, it can take several years before it reaches a stage of finality. In comparison the arbitration award is not easily contested, if challenged it is only under strict and narrow grounds. Conciliation is an amicable form of despite resolution. A method when a skilled expert is appointed to help the parties reach an agreement. It is confidential and not in the public domain. The skill of the Conciliator/ Mediator is crucial to the success of the conciliation and enforcement of the settlement agreement. It is a voluntary process, where the Conciliator helps to find common grounds between the parties. As such Conciliation is friendly, less hostile and an antagonistic process. It culminates in a settlement agreement that is a joint decision of both parties. Conciliation/mediation are informal processes that afford the parties flexibility to communicate between themselves in a safe environment in the presence of the Conciliator. The parties control the process, solution and the final outcome. Parties take a decision for their own dispute whereas in litigation and Arbitration it is the Court Judge or Arbitrator who decides the outcome. In conclusion, the adversarial nature of dispute resolution especially Court litigation is time consuming, entails lengthy discovery with risks to confidential information and requires large legal budgets. In comparison ADR (alternate Dispute Resolution) can be more efficient and effective. In addition to the economic benefits of ADR, it can help the disputing parties who are deeply invested in the issue to find joint solutions and retain their relationship. A trained Conciliator brings some form of expertise to bear on the situation and help the parties to settle all kind of issues that can go beyond the dispute at hand. Conciliation/ Mediation can be done at any stage, pre-or post-litigation. Girija Varma is a mediator, arbitrator, legal counsel and develops dispute resolution strategies. She is a Fellow (Stanford Univ.), LL.M. (Cornell Univ) and British Council Chevening Scholar. Her expertise is in intellectual property, commercial laws and damage assessment.