Chief Justice of India (CJI) BR Gavai on Saturday said mediation must not remain confined to the courts but should grow as a practice led by citizens and communities.
"Mediation should not be viewed merely as a tool confined to the legal profession. Historical and social experiences show that mediation has long been a practice embedded in public life and community interactions … Mediation should be cultivated as a practice of the people, for the people, empowering communities to take an active role in resolving disputes peacefully and collaboratively. In this context, the legal services authorities can play a leading role in promoting mediation at the grassroots level," the Chief Justice said.
CJI Gavai explained that mediation was not new to India but deeply rooted in its political and social history. He recalled that even during the freedom movement, leaders chose sustained dialogue over confrontation to reconcile competing interests.“Leaders engaged in patient discussions, built consensus and reconciled competing interests, enabling the country to chart a shared path.
Justice Gavai was speaking alongside other dignitaries at the 2nd National Mediation Conference held at Bhubaneswar. The conference was planned, organised and hosted by the Advocate General of Odisha.Placing listening at the centre of mediation, the CJI stressed that conflict itself is not what disrupts harmony, but the unwillingness to address it with openness.He underlined that the Mediation Act, 2023 was only a framework and that its success would depend on cultural acceptance and practical training. He pointed to Section 43, which provides for community mediation of disputes likely to affect local peace and harmony, as a key step in making mediation a people’s practice.
Justice Gavai suggested that the 40-hour training module created by the National Legal Services Authority (NALSA) for judges and lawyers could be redesigned for citizens. He said such training should be simplified, offered in regional languages, and focused on practical skills such as negotiation and dialogue. Attorney General of India R Venkataramani, who also addressed the gathering, said the adversarial system by its very nature could not adequately deliver justice. He called for bold reforms to place mediation at the centre of legal education and practice.
Advocate General of Odisha Pitambar Acharya delivering a message from Prime Minister Narendra Modi, placed the emphasis on India’s cultural heritage of dialogue. The Prime Minister, he said, viewed mediation as a blend of timeless traditions and modern reforms that could strengthen both access to justice and local harmony.
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