Mediation offers more holistic solution to disputes as compared to courtroom adjudication: CJI
New Delhi, Observing that mediation is not a "lesser form of justice" but it's "wiser form", Chief Justice of India Sanjiv Khanna on Saturday said mediation offers a more holistic solution to disputes as compared to courtroom adjudication.
Speaking at the National Conference on Exploring the Efficacy and Reach of Mediation, Khanna said that in courtroom adjudication, one party emerges the winner and the other the loser leading to relations becoming strained.
The CJI said mediation, on the other hand, can heal relations and the solutions offered by it are less traumatic and more humane.
"Court litigation and adjudication are, in a way, grim and shallow. At times, the root cause remains unaddressed and the ailment and bane remain. The relationships are strained, if not broken. There is a winner, there is a loser," he said.
"Mediation does the opposite. It seeks to identify and remedy the root cause. It goes deeper into the issue, the cause of the misunderstanding. It addresses the primordial and underlying concerns that are the cause of the dispute.
"It allows a more holistic solution that not only resolves the legal issue but goes beyond that. It heals and restores the relationship. This is true justice, not coerced and forced by what third parties dictate," he added.
The CJI said over the past two decades, mediation has played a critical role in resolving disputes.
"Between 2016 and early 2025, a staggering 7.57 lakh cases were settled through mediation. Yet, I must acknowledge, mediation is yet to reach the villages. India, in one way, therefore, has been slow in arriving at mediation and understanding its importance.
"Our goal must be to show every litigant, every citizen, every businessman, every person, that mediation is not a lesser form of justice but a wiser form of it," he said.
Justice B R Gavai also spoke on the occasion and said when individuals are given a safe place to communicate, hostility can give way to dialogue and confrontation can transform into cooperation.
"India has made a significant stride in integrating mediation into its legal system as a means to promote alternative dispute resolution and reduce the burden on courts. However, the true benefits of progressive legislation such as the Mediation Act, 2023, can only be realised if we go beyond the law and work towards building a mediation mindset," Gavai said.
Justice Gavai said the culture of mediation is gradually evolving in India.
"Institutions such as NALSA 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," Gavai said.
President Droupadi Murmu, Union Law Minister Arjun Ram Meghwal, Attorney General R Venkataramani and Solicitor General Tushar Mehta were among the other dignitaries who spoke at the event.
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