Future of mediation in India depends on cultural acceptance; cannot be secured by a single law: CJI BR Gavai

The Chief Justice of India has said the future of mediation in India cannot be secured by any single law campaign or a single conference as its success will depend on sustained and consistent practices across communities, widespread cultural acceptance, and the establishment of dedicated infrastructure to support its growth.

CJI BR Gavai made this remark in his inaugural address at the 2nd National Mediation Conference held at Bhubaneshwar on Saturday.

“It is not the mere existence of a quarrel or disagreement that disturbs our peace, but the refusal to listen, empathise, and make a genuine effort to resolve it,” Justice Gavai further added.

He further underlined that mediation is a rapidly evolving and increasingly significant field within dispute resolution. It has now formally been recognized and institutionalized under the Mediation Act 2023, whereas it arose as a response to the growing backlog of cases, long delays, and the often adversarial nature of traditional court proceedings, he said.

CJI Gavai also highlighted that legal services authorities can play a leading role in promoting mediation at the grassroots level. "By equipping the common people with the knowledge and tools of mediation, we can foster a culture where disputes, whether social, familial, or local, are addressed constructively within communities, reducing reliance on formal courts and empowering citizens to resolve conflicts amicably,” he added. 

On mediation not to be viewed merely as a tool confined to the legal profession, Justice Gavai has said, historical and social experiences show that mediation has long been a practice embedded in public life and community interactions.

“Leaders engaged in patient discussions, built consensus and reconciled competing interests, enabling the country to chart a shared path. This historical example reminds us that mediation is deeply rooted in our collective experience, and that its principles, which include dialogue, understanding and collaborative problem-solving, are timeless tools for resolving even the most complex conflicts,” he said.

Supreme Court judge Justice Surya Kant, who was also present at the Conference, called mediation the “future of justice,” stressing that while courtrooms often confine disputes to a narrow win–lose outcome, dialogue through mediation opens the door to “infinite solutions.”

“Some equations admit no solution. Some yield only one. But the most remarkable are those with infinite solutions. Disputes are also the same. Some close every door. Others allow only a single outcome. But when dialogue begins, conflicts open into many possibilities. Mediation empowers parties to find the solution they can both embrace,” Justice Kant said.

Justice Kant acknowledged the indispensable role of Courts but noted their inherent limitations. “Courts provide legal answers, but often leave unresolved the deeper current of human conflict,” he said. Mediation, he argued, expands the frame of justice beyond the binary of winners and losers, offering pathways that both parties can embrace.

Attorney General of India R Venkataramani also addressed the gathering, and called for national mediation literacy which law schools must undertake. He said we need to convert the sleeping mediation law into a majestic elephant and redo our legal framework to lessen court control on mediation.

Odisha Chief Minister Mohan Charan Majhi, Governor Hari Babu Kambhampati, law minister Prithiviraj Harichandan, judges of the Supreme Court, chief justices and justices of high courts also attended the function.

Event: 2nd National Mediation Conference

Event Date: September 27, 2025