Mediation Is Law’s Highest Evolution, Not Its Weakness: CJI Surya Kant

Addressing the inaugural session of the Bar Council of India’s National Conference and Symposium on Mediation in South Goa, the CJI said courts must offer multiple pathways including mediation, arbitration and, where necessary, adjudication, depending on the nature of the dispute.

“As we look towards the horizon, I envision a transition towards the multi-door courthouse. The court should not remain a singular venue for trials, but become a comprehensive centre for dispute resolution,” he said.

Stressing that mediation can play a critical role in reducing judicial pendency, Justice Kant said its growing acceptance should not be seen as a weakness of the legal system. “Mediation is not a sign of the law’s weakness, but its highest evolution,” he observed.

According to the CJI, when a litigant approaches the justice system, they should find doors open to mediation and arbitration before entering prolonged litigation. At the same time, he clarified that courts will always be prepared to conduct fair trials in cases that cannot be resolved through alternative mechanisms.

Calling the multi-door court concept the “ultimate empowerment of litigants”, Justice Kant said it promotes participation and harmony rather than adversarial adjudication alone.

After administering the ‘Oath of Mediation’ to participants, the CJI said mediation was a cause close to his heart. Drawing a contrast between litigation and mediation, he remarked, “Litigation is often the autopsy of a dead relationship. Mediation, on the contrary, is the remedial surgery that seeks to preserve the living pulse of a connection.”

Justice Kant underlined that the success of mediation depends significantly on the mediator’s ability to understand not just language, but also local dialects, expressions and cultural contexts of the parties involved.

Highlighting the need for capacity building, the CJI said India currently has around 39,000 trained mediators, but faces a serious demand-supply gap. For effective implementation of mediation across all levels of the judiciary, the country requires over 2.5 lakh trained mediators, he said.

He cautioned that mediation training must be undertaken carefully, noting that mediation is not merely an art. “The temperament, behaviour, compassion, passion, commitment and devotion of a mediator make a crucial difference,” he said.

Referring to the “Mediation for Nation” campaign launched in July this year, Justice Kant said the initiative had yielded results beyond expectations by resolving disputes including matrimonial, commercial and motor accident cases. He expressed confidence that deploying trained mediators at every level would significantly reduce pendency.

Earlier in the day, the CJI also participated in a symbolic walk for ‘Mediation Awareness’ near Kala Academy in Panaji, reiterating that mediation is increasingly being accepted as a cost-effective, win-win settlement mechanism.

The event was attended by Goa Chief Minister Pramod Sawant, Supreme Court judges including Justices J K Maheshwari, P S Narasimha, Ahsanuddin Amanullah, N Kotiswar Singh, Ujjal Bhuyan and Prashant Kumar Mishra, Bombay High Court Chief Justice S Chandrasekhar, Bar Council of India Chairman Manan Kumar Mishra, and Goa Advocate General Devidas Pangam, among others.

The conference was held at the India International University of Legal Education and Research in South Goa.

Earlier, today, the CJI said that mediation is increasingly gaining acceptance as a successful, cost-effective and mutually beneficial mechanism for dispute resolution, emphasising that it offers a “win-win” outcome for all parties involved. The CJI was speaking to reporters after participating in a symbolic walk for Mediation Awareness near Kala Academy in Panaji, Goa. The event formed part of a broader outreach initiative aimed at promoting mediation as a preferred mode of dispute resolution across the country. “Mediation is being accepted as successful and cost-effective. It is a win-win situation for both parties because it results in a settlement,” Justice Kant had said.