Mediation reaches villages and streets, says CJI Surya Kant

Mediation in India is no longer confined to courtrooms or elite urban spaces; it has now reached villages, streets, and households, Chief Justice of India Surya Kant said on Sunday. Speaking at a symposium on mediation, Justice Kant emphasized that mediation is deeply embedded in India’s cultural and historical fabric and has long been an effective way to resolve disputes.

“Mediation is in our DNA. Today, it has entered not just halls or urban elite circles, but also villages, streets, and households where unfortunate disputes occur,” he said.

Highlighting its cultural roots, Justice Kant referenced Lord Krishna as the first codified mediator in the Mahabharata , who attempted to resolve conflicts between warring factions. He noted that Krishna’s failure to mediate carries an important lesson about the challenges and significance of the practice.

Justice Kant also stressed the growing relevance of mediation in India’s expanding economy. With the rise of start-ups, new industries, and commercial entities, disputes are natural. “Business people are increasingly opting for mediation, as it not only resolves conflicts but also preserves relationships for future transactions,” he said.

He further pointed out that the success of mediation depends on the mediator’s temperament, conduct, integrity, and adherence to a mediation culture. Trained mediators should focus on three key elements: ensuring that parties trust the mediator, maintaining faith in the institution appointing the mediator, and guaranteeing enforceability of the agreed terms once settlements are reached.

On process improvements, Justice Kant noted that any steps to streamline mediation procedures and reduce the case backlog are welcome, as they would help in faster dispute resolution and ease pressure on the judiciary.