Chief Justice of India Surya Kant has released The Mediation Movement in India, a new publication examining the evolution of mediation in the country and the practical challenges involved in translating the statutory framework into effective dispute resolution.
The book, edited by Professor (Dr.) Seema Gupta of the University Institute of Legal Studies (UILS), Chandigarh University, was launched in Chandigarh. Published by Law and Justice Publishing Company, the volume contains 24 chapters contributed by 26 authors, including judges, advocates, practising mediators, senior trainers associated with the Supreme Court’s Mediation and Conciliation Project Committee (MCPC), and legal academics.
CJI Surya Kant, who has authored the Foreword to the book, highlighted the distinction between understanding the statutory architecture of mediation and acquiring the practical skills necessary to mediate disputes effectively.
He observed that while the Mediation Act, 2023 can be read and understood relatively quickly, mediation as a professional practice requires considerably deeper engagement, experience and an appreciation of the dynamics underlying disputes.
The publication, according to the Chief Justice, seeks to address this practical dimension by moving beyond a purely textual examination of the law and examining the craft of mediation, including the manner in which mediators respond when negotiations reach an impasse and deal with the interpersonal and emotional dimensions of disputes that ordinarily do not find expression in pleadings before courts.
The book comes at a time when mediation is increasingly being positioned as an important component of India’s dispute-resolution architecture. The Mediation Act, 2023 provides a statutory framework for mediation, including pre-litigation and institutional mediation, while the ongoing Mediation for the Nation Campaign 2.0 seeks to promote wider adoption of mediation as a means of resolving disputes without prolonged judicial proceedings.
The publication covers several facets of mediation, including the statutory framework under the Mediation Act, pre-litigation mediation, institutional mediation, mediation in family and commercial disputes, online dispute resolution, the role of artificial intelligence, and ethical and practical issues confronting mediators.
The initiative assumes particular significance against the backdrop of the substantial pendency of cases before Indian courts. According to the information released in connection with the book launch, more than five crore cases are presently pending across the judicial system.
CJI Surya Kant is also leading the Mediation for the Nation Campaign 2.0 in his capacities as Chairperson of the MCPC and Patron-in-Chief of the National Legal Services Authority (NALSA). The first phase of the nationwide campaign resulted in the settlement of more than one lakh cases, according to the campaign’s stated figures.
The book therefore seeks to contribute to the broader institutional effort to strengthen mediation in India by bringing together legislative developments, judicial perspectives and practical insights from professionals engaged in the field.
In his Foreword, the Chief Justice has described the publication as an examination of the mediation movement in its various dimensions, underscoring the need for mediation to evolve beyond a statutory mechanism into an effective and professionally grounded means of dispute resolution.
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