'Law Schools Must Go Beyond Textbooks': Justice Gavai Calls for Mediation Mindset

While emphasising the need to build a mediation mindset, Justice B.R Gavai on Saturday, May 3, 2025, said that law schools should go beyond textbooks and equip students with the soft skills essential for mediation.

Speaking at the launch event of the Mediation Association of India, Justice Gavai said, "Law school curricula should go beyond teaching just the theory and legal provisions of the Mediation Act. It is important to equip students with the soft skills essential for mediation". He added, "Mediation is a human process that requires empathy, active listening, emotional intelligence, and the ability to facilitate dialogue. These are skills that cannot be acquired solely through textbooks. They must be cultivated through experiential learning, role plays, and hands-on training".

The event was graced by the President of India, Droupadi Murmu, Chief Justice of India Sanjiv Khanna, Law Minister Arjun Ram Meghwal, Attorney General for India R. Venkataramani, Solicitor General Tushar Mehta, and other dignitaries.

While referring to the Mediation Act of 2023, Justice Gavai highlighted that although the legislation was one of the significant legislative milestones, the true benefits of the legislation can only be achieved if we build a mediation mindset.

Justice Gavai went on to appreciate the efforts made by institutions such as NALSA and said, "These institutions have already taken a commendable step by conducting training programs in mediation and advanced commercial mediation for lawyers. However, to truly manifest mediation, we need to scale up and diversify these efforts. It is at this juncture that the establishment of the Mediation Association of India assumes critical significance".

He added that the Mediation Association of India, under the inspiring leadership of the Attorney General of India, not only represents a bold and forward-looking vision but also aspires to be a unifying and inclusive platform which will bring together leaders, policymakers, legal professionals, and mediators, etc.

Justice B.R. Gavai, quoting Professor Martha Nussbaum, observed that disputes are often driven by emotion rather than reason, and noted: “Human life is a chance business, and we all feel anxieties that lead us to want more control — including control over other people".

He added that the legal education must prepare students not just to argue cases, but to understand how to manage conflicts without trying to dominate or control them and to resolve disputes in a manner that preserves relationships and dignity.

Concluding his address, Justice Gavai underscored the importance of collaboration between corporate entities and institutions such as NALSA and the Mediation Association of India.