Mediation Is the Only Path to Justice for All, Says Delhi High Court Justice Tejas Karia

Justice Tejas Karia has said that mediation is the most effective way to achieve justice for all, emphasising that judges must actively encourage parties to opt for mediation wherever possible.

“Mediation is the only means by which justice can truly be achieved for all,” Justice Karia said. He added that mediation allows judges “not just to decide, but to heal.” According to him, mediation restores the human dimension of law, reminding us that behind every contract lies trust, behind every dispute are people, and behind every resolution is the quiet satisfaction of fairness achieved without bitterness.

He was speaking at the closing ceremony of the 3rd Edition of the Mediation Championship India (MCI 2025), held at the India International Centre (IIC), New Delhi. The event was organised by The PACT in collaboration with Manav Rachna University, Cyril Amarchand Mangaldas, and the Prem Tara Foundation.

Justice Karia said that while mediation is widely recognised in family and matrimonial disputes, its value in commercial disputes is often underestimated. “In business relationships, long-term contracts create trust. Disputes disturb that trust. Mediation can heal and preserve those relationships. In many commercial disputes, mediation is not just an option; it is the only option to protect ongoing relationships,” he noted.

He added, “Ultimately, relationships matter. You may win or lose a case, but if the relationship remains intact, that is more profitable in commercial terms.”

Justice Karia stressed that judges must identify disputes suitable for mediation and encourage parties accordingly. “We now begin court proceedings by asking: Have you tried mediation? Only when an urgent need for interim relief is shown do we bypass it. The Commercial Courts Act and the Mediation Act have helped bring sanctity and structure to pre-institution mediation,” he said.

He explained that mediation delivers justice through consensus rather than compulsion. “A decision imposed under pressure may close a case, but it rarely resolves a conflict. A mediated settlement endures because it is chosen, not enforced.”

He emphasised that judges must use their intuition and judgment to refer suitable matters to mediation. “Our job is to open the door. Many disputes arise from misunderstanding, not misconduct. When parties share professional or personal ties, even a gentle nudge towards mediation makes a world of difference.”

Justice Karia said Court-annexed mediation centres must be strengthened with proper training and expert mediators. He cited examples from intellectual property disputes where mediation successfully resolved matters once parties were heard in their own language.

“Every dispute resolved through mediation saves judicial time,” he said. “It allows courts to focus on constitutional and public interest issues. Efficient referral to mediation also contributes to economic governance and improves the ease of doing business.”

Technology, he added, has transformed mediation, “Virtual mediation has proven extremely effective, especially for cross-border commercial disputes.”

Justice Karia urged Courts to adopt data-driven reforms. “Courts must maintain records of mediation referrals, settlement rates, and time saved. Only then can we analyse which disputes are most mediation-friendly and improve referrals.”

He also highlighted the importance of judicial behaviour, “The way judges speak about mediation in open court shapes how lawyers and litigants perceive it. A cultural shift cannot be litigated; it has to be modelled from the Bench.”

Public awareness, he said, must be driven by the judiciary. “When judgments and court interactions reflect dialogue instead of confrontation, society begins to see mediation as justice, not compromise.”

“Encouraging mediation reflects a mature understanding that the best resolution is not always the one imposed by authority, but the one achieved through mutual understanding,” Justice Karia said as he concluded his address.

The event featured a distinguished gathering of legal luminaries, including Attorney General of India R. Venkataramani, Justice (Retd.) Gita Mittal, Justice (Retd.) M. L. Mehta, and Senior Advocates from leading law firms such as Cyril Amarchand Mangaldas, Khaitan & Co., Trilegal, Dua Associates, SAMVĀD Partners, and DSK Legal.

Event: Mediation Championship India

Date: 9 November 2025