SG Tushar Mehta Bats For Mediation First At Launch Of Mediation Association Of India
At the formal launch of the Mediation Association of India, Solicitor General of India (SGI) Tushar Mehta made a strong pitch for embracing mediation as the primary mode of dispute resolution, urging lawyers and litigants alike to shift their mindset from adversarial battles to collaborative solutions.
Top dignitaries including the President of India Droupadi Murmu, Union Law Minister Arjun Ram Meghwal, Chief Justice of India Sanjiv Khanna, Justice B.R. Gavai, Attorney General R. Venkataramani, also attended the event.
In his keynote remarks, SG Mehta emphasized that disputes are an inherent part of human interaction, but the traditional court-centric model often leaves one party dissatisfied. “When the matter goes to the court of law, whichever way the matter is settled, at least one party gets satisfied and one party gets unsatisfied,” Mehta said.
He advocated for newer and more context-sensitive solutions to India’s mounting caseload, describing the Mediation Association as a “transformative step” in that direction. “It is my sincere hope that the establishment of this Mediation Bar Association will be able to bring such a change by developing a faster and more flexible mechanism whereby the disputes are resolved rather than adjudicated upon,” he stated.
Highlighting the collaborative ethos of mediation, Mehta said, “The goal is not to ensure success of one party at the expense of others. Rather, mediation seeks to equally assist both parties to win in their own respective way and as per their own choice.”
Citing the Supreme Court's words in Vikram Bakshi v. Sonia Khosla, the SG remarked, “There is always a difference between winning a case and seeking a solution. Via mediation, the parties will become partners in the solution rather than partners in the problems—this is at the heart and soul of the very concept of mediation.”
Mehta stressed that categories of disputes such as labour issues, matrimonial conflicts, tenancy, and employment-related matters should ideally be routed through mediation first. “The system is already clogged. That is where this Bar Association will play a very major role,” he added.
The Solicitor General also flagged the urgent need for structured training and standardisation in the field, calling on the Association to focus on capacity-building programmes, practice guidelines, and training of mediators. “We are at a very nascent stage of this flexible idea which is likely to substitute conventional adjudication,” Mehta said.
In conclusion, the Solicitor General expressed hope that the newly launched Association would catalyse a systemic shift towards mediation-first dispute resolution in India. “In the years to come, the Mediation Association will play a leading role in the field of Alternative Dispute Redressal Mechanisms… and ensure that parties are encouraged to go for mediation as the first and only dispute resolution mechanism.”