Time stood still on Saturday as topmost stakeholders of the Indian judiciary came together during the launch of Mediation Association of India and the First National Mediation Conference 2025, to bat for making mediation an intrinsic part of the country’s dispute resolution system.
While Chief Justice of India Sanjiv Khanna said that mediation delivered true justice by addressing the root cause of a dispute, Justice Gavai called for making it an instinctive part of the country’s dispute resolution system to unlock the true potential of the Mediation Act 2023.
Solicitor General Tushar Mehta exhorted the lawyers and litigants to shift their mindset from adversarial battles to collaborative solutions by embracing mediation as the primary mode of dispute resolution.
CJI Khanna said that in court adjudication, the root cause of a dispute remained unaddressed, whereas mediation provided a holistic solution, which restored relationships and healed animosities. Since the solution provided through mediation was more humane and less traumatic, it was acceptable to all parties.
Terming mediation as a wider form of justice, the CJI said that the country’s founding fathers envisaged that provisions ought to be made for securing social justice in the Indian Constitution.
Noting that the Preamble categorically stated that endeavours must be made to secure justice, economic, social and political qua people, the CJI said that social justice could be easily achieved through mediation.
Stressing on the significance of Section 43 of the Mediation Act, which provided community mediation, CJI Khanna said that local disputes could be resolved effectively through this provision. He cited the example of the Sambhal Jama Masjid case, in which a Bench led by CJI Khanna advised the Uttar Pradesh administration to explore community mediation under Section 43 to address communal tensions in the area.
Emphasising the role of mediation in dispute resolution over the past two decades, he said between 2016 and early 2025, as many as 7,57,173 cases were resolved through mediation.
The CJI, however, pointed out that mediation was yet to reach the homes and the villages. It was still at the periphery.
Acknowledging that India has been slow in arriving at mediation and understanding its importance, the CJI said it should be the goal of the judiciary to show every litigant and citizens of the country that mediation was not a lesser, but a wiser form of justice.
Speaking during the event, Supreme Court judge and Chief Justice of India-designate, Justice BR Gavai, called for making mediation an instinctive part of the country’s dispute resolution system to unlock the true potential of the Mediation Act 2023.
He emphasised on a comprehensive approach to embed mediation in the country’s legal and social fabric.
President of India Droupadi Murmu was the Chief Guest at the event, which also witnessed participation from Attorney General for India R Venkataramani and Union Law Minister Arjun Ram Meghwal, among others.
The post CJI Sanjiv Khanna, Justice BR Gavai, SG Tushar Mehta make strong pitch for inclusion of mediation as intrinsic part of India’s dispute resolution system appeared first on India Legal.