NEW DELHI, June 11: Chief Justice of India Surya Kant has said that the Indian judiciary has successfully promoted mediation as a robust dispute resolution mechanism, highlighting its growing acceptance across the country and its ability to provide faster, affordable and amicable settlements.
Speaking at a high-level panel discussion on “Technology and the Future of Mediation” hosted by the Indian High Commission in London, the CJI said mediation was “very close to his heart” and noted that the Supreme Court Legal Services Committee (SCLSC) has developed a large pool of trained mediators.
“I can say proudly that in every town, in every street, people know what mediation is,” he said.
The event brought together leading judicial and legal figures from India and the United Kingdom, including Lord Hamblen of Kersey of the UK Supreme Court, Bar Council of England and Wales President Kirsty Brimelow KC, and Law Society of England and Wales Vice President Brett Dixon. Indian High Commissioner Kumaran P delivered the opening remarks, while Supreme Court Advocate-on-Record Tanvi Dubey moderated the discussion.
Addressing the role of the judiciary in advancing mediation, Justice Kant traced the evolution of the mechanism in India before and after the enactment of the Mediation Act, 2023. He said courts had actively encouraged mediation even before the legislation came into force and recalled the establishment of mediation centres at trial courts, high courts and the Supreme Court during his early years as a high court judge in 2004.
Describing the Mediation Act, 2023 as the culmination of decades of statutory and judicial efforts, he highlighted initiatives aimed at building mediation capacity, including mandatory training programmes through State Judicial Academies and awareness drives by the National Legal Services Authority and Lok Adalats.
On the debate between mediation and arbitration, the CJI said both mechanisms have important roles in dispute resolution, particularly as growing commercial engagement leads to more business disputes.
While expressing support for arbitration, he stressed that parties should first attempt mediation due to its cost-effectiveness, speed and ability to preserve business relationships.
“In arbitration, the passing of an award is often the beginning of further litigation. In mediation, once the process is successfully concluded, it brings closure to the dispute. That is the beautiful difference between mediation and arbitration,” he said. (Agencies)
