Chief Justice of India Justice Surya Kant on March 1 called on the judiciary to promote mediation, saying it is gaining wider acceptance as an effective tool for resolution of disputes, reported IANS.
Underlining the need for building a “mediation culture”, he stated mediation was no longer an alternative method but has emerged as a preferred mode of dispute resolution. He was delivering the keynote address at a State-level symposium on ‘Mediation: Dialogue as Cornerstone of Justice’, organised by the AP State Legal Services Authority (APSLSA), in Vijayawada.
He noted the process of mediation had a statutory backup in the Mediation Act of 2023, and the resolutions passed by the mediators were enforceable decrees. The CJI said that mediation is an excellent way to reduce the caseload in the courts and resolve disputes quickly and in a friendly environment.
He said mediation had become extremely popular in foreign countries as the method was less costly and less time-consuming compared to arbitration.
He also urged the Bar Associations to make people adopt mediation as a means to settling their disputes. The CJI said that people in dispute should have complete faith in the mediator. Due to the trust people have in the judiciary, mediation through the courts has high priority.
“Mediation is present in every aspect of our lives. Even major problems are being solved through mediation,” he said, adding that commercial problems are also being solved through this process.
Stating that temperament, conduct and integrity of mediators play a crucial role in the outcomes, the CJI underscored the importance of professional mediators learning the nuances of the whole process of mediation for achieving the desired results.
He noted that mediation has been used in India since ancient times to resolve problems. He believes that mediation is in the DNA of India and has a history of thousands of years.
He cited the attempt made by Lord Krishna to bring about peace between the Pandavas and the Kauravas as the first formal mediation. Supreme Court judge Justice Jitendra Kumar Maheshwari said relations can be preserved by resolving disputes through negotiations and mutual consent, not through courts. He said that mediation has been given legality through the ‘Mediation Act – 2023’, which will reduce the burden on the judiciary.
