Solicitor General Tushar Mehta urges adoption of mediation for faster, fairer dispute resolution. Calls it a context-sensitive solution to India’s growing legal caseload.
New Delhi: On Saturday, the Solicitor General of India, Tushar Mehta, strongly supported the idea of promoting mediation as a better and more suitable way to resolve legal disputes in India.
While speaking at a national conference titled ‘Exploring the Efficacy and Reach of Mediation’, Mehta said that India’s rising number of court cases needs fresh and practical solutions, and mediation could be the right path forward.
Mehta stressed that mediation helps both parties come to a mutual understanding instead of fighting like in a traditional court case.
He also talked about the recent formation of a ‘mediation bar association’, calling it a very important and positive move.
Mehta said,
“As lawyers, we know that disputes are an unavoidable part of our lives. When a matter goes to the court, one party gets satisfied while the other gets dissatisfied. What is needed is newer methods. The mediation bar association will bring about faster and more flexible methods. Small cases, labour cases should at first go for mediation as the system is already clogged. That is where this association can step in,”
A mediation bar association is a group within the legal community that works to promote and support mediation – a process where a neutral third person (the mediator) helps both sides resolve their problem peacefully.
Mehta also pointed out the many benefits of mediation and why India should take it more seriously. He explained that court cases are often long and stressful, and one side always ends up feeling like they lost. But in mediation, both sides can feel like they have won, as they reach an agreement together.
“First and most importantly, mediation focuses not on an adversarial process, but helps the parties reach an understanding. The goal is not to ensure success of one party at the expense of others. Mediation seeks to equally assist both parties to win in their own respective way, and as per their own choice.”
He suggested that smaller legal matters – such as labour disputes, matrimonial (family-related) issues, tenancy problems, and employment cases – should first go for mediation.
These cases usually do not need full court trials and using mediation can save time, money, and energy for everyone involved.
the solicitor general said,
“Small cases such as those related to labour, matrimonial disputes, tenancy related matters, employment disputes, etc., should first go for mediation before wasting the judiciary’s time, because the system is already clogged,”
Mehta strongly believes that the mediation bar association can take the lead in encouraging this approach. As more people and lawyers start trusting mediation, the pressure on courts will automatically reduce.
he added,
“That is where the mediation bar association can play a very major role,”
Looking to the future, Mehta said that if people are given the right encouragement and support, mediation can become the first choice for solving disputes, even before thinking about going to court or arbitration.
Mehta said,
“I hope that in the years to come, the mediation association will play a leading role in the field of alternative dispute redressal mechanism. Parties should be encouraged to avoid litigation, whether in the court or during arbitration. They should be incentivised to go for mediation as the first and only dispute resolution mechanism,”
With courts across India facing a huge backlog of pending cases, legal experts, including the Solicitor General, are now pushing for alternative dispute resolution methods like mediation to take center stage.
Such methods not only reduce the burden on the judiciary but also offer faster and more peaceful solutions to common legal issues.
This push for promoting mediation can also bring major benefits to common people who often find the legal system complicated and slow.
The message is clear: Mediation is not just an option, it is the need of the hour.
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