Chief Justice of India Surya Kant on Saturday made a strong case for mediation as an integral part of the justice delivery system, saying the rule of law seeks to ensure timely, accessible and dignified justice rather than adjudication of every dispute.
He said the concept of mediation has deep roots in India's civilisational history, drawing examples from the Ramayana, Mahabharata and Kautilya's Arthashastra. He said persuasion and conciliation have long formed the foundation of governance and peaceful dispute resolution in the country.
Addressing the Commonwealth Peace Mediation Conference in Jaipur, the CJI said the justice system must prioritise outcomes that are efficient, humane and accessible to all. "The Rule of Law does not demand that every grievance be adjudicated; it demands only that every citizen enjoy timely, accessible, and dignified recourse to justice," he said.
Highlighting the advantages of mediation over adversarial processes, he emphasised the autonomy it gives to disputing parties in crafting their own solutions."Mediation alone permits the parties themselves to author their own resolution, addressing the true sources of conflict at a pace and cost proportionate to the dispute," the CJI said.
He noted that mediation enables a shift away from rigid legal positions towards a more meaningful resolution of disputes, especially in situations where preserving relationships is important.CJI Surya Kant also underscored the broader philosophical and practical relevance of mediation, suggesting that such approaches align with both modern needs and longstanding traditions of dispute resolution.
He expressed confidence that mediation would continue to grow in importance as legal systems evolve to handle increasing caseloads and complex disputes.Referring to the enduring relevance of such mechanisms, he said they represent "a tradition as old as our ancient heritage and as urgent as Monday morning's docket."
The Chief Justice's remarks come at a time when mediation is receiving increasing attention in India's legal system. The Mediation Act, 2023, provides a statutory framework for institutional mediation and encourages negotiated settlement of disputes before they enter prolonged litigation. Courts have also been promoting mediation in civil, commercial and family matters to reduce case pendency and secure faster, mutually acceptable outcomes. The CJI concluded his address on a note of optimism, extending his best wishes for the success of the conference.
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