At the 2nd National Mediation Conference in Bhubaneswar, Justice Surya Kant said trials deliver verdicts but mediation delivers futures. He urged lawyers to embrace dialogue as the true path to lasting justice.
Justice Surya Kant of the Supreme Court of India on Saturday highlighted that the real success of justice does not lie only in court verdicts but in the peace that comes when disputes are resolved through dialogue and understanding.
He was speaking at the 2nd National Mediation Conference held in Bhubaneswar, which was organised by the Advocate General of Odisha and attended by Chief Justice of India B R Gavai, Attorney General R Venkataramani, Chief Justice of the Orissa High Court Harish Tandon, Governor Hari Babu Kambhampati, Chief Minister Mohan Charan Majhi and other dignitaries.
Justice Kant explained that trials in courts provide legal decisions but often fail to settle the deeper emotional and social conflicts between people. In contrast, mediation offers lasting solutions that restore harmony.
He said,
“If trials deliver verdicts, mediation delivers futures, and the true measure of justice will lie not in cases decided, but in the peace it creates.”
He pointed out that the court system gives legal answers, but mediation goes further by addressing relationships and human concerns.
As he stressed,
“Mediation reaches where the law cannot. Into the hearts and relationships that lie beneath the dispute. The Mediation Act has given us a framework worthy of competence. Yet legislation, however, entitled it may be, cannot by itself change culture. It cannot create trust. It cannot nurture dialogue. That responsibility rests with us.”
To explain the difference between court judgments and mediation outcomes, Justice Kant used a mathematical example.
He said,
“In conventional courtrooms the outcome is often confined to a narrow frame. One side prevails, the other must concede. Mediation by contrast, expands that frame. Some equations admit no solution. Some yield only one. But the most remarkable are those with infinite solutions. Disputes are also the same. Some close every door. Others allow only a single outcome. But when dialogue begins, conflicts open into many possibilities. And mediation empowers parties to find the solution they can both embrace.”
Attorney General of India R Venkataramani also spoke at the event and strongly supported Justice Kant’s appeal to give mediation more importance in India’s justice system.
He said,
“When it comes to arbitration we talk about party autonomy and least judicial intervention. The assisted participation under mediation must now receive as much attention as given in the past to the adversarial system. We also need to move towards a self-reliant mediation practice as good as arbitration, or even a shade better.”
Advocate General of Odisha Pitambar Acharya read out a written message from Prime Minister Narendra Modi.
In the message, the Prime Minister emphasised that mediation has always been part of India’s culture and that it plays an important role in giving people easier access to justice while keeping peace in society.
Acharya himself added that affordable and quick settlements are crucial for easing the pressure on Indian courts and giving people justice without delay.
He said,
“Mediation provides quick affordable settlements easing judicial burden and ensuring timely justice. Justice is at the core of building a fair, inclusive and self-reliant nation. India’s journey towards Viksit Bharat by 2047 needs ease of justice to be felt by every citizen. The importance of mediation acquires a crucial place in this endeavour.”
Justice Surya Kant reminded the legal profession that mediation is not a new idea in India but part of its traditions, as communities in villages used to gather under banyan trees to settle disputes peacefully. He observed,
“These are signs of a profession rediscovering its calling not only to argue, but to resolve, not only to interpret the law, but to restore faith in it.”
Chief Justice of the Orissa High Court Harish Tandon explained that mediation is unique because it allows both parties to decide the process and the outcome by themselves.
He said,
“What distinguishes mediation is that the outcome is not dictated by the mediator. It is crafted and agreed upon solely by the parties themselves. It preserves not only relationships but empowers individuals by giving them a genuine ownership of both the process and its outcome.”
Chief Minister of Odisha Mohan Charan Majhi said that the new Mediation Act, passed in 2023, will only succeed if ordinary citizens are freed from long and costly court cases and can resolve disputes directly.
He remarked,
“There are many litigations that can be solved easily. To free the common man from the hassles of litigation the Prime Minister enacted the Mediation Act 2023.”
Governor Hari Babu Kambhampati called mediation a tool for social unity but also warned that care must be taken to protect weaker groups from unfair practices.
He said,
“It is essential to ensure that vulnerable sections of the society are protected from unfairness or undue influence while negotiating under mediation so that the process remains truly just, inclusive and equitable.”
Justice Surya Kant concluded his address with a verse from the Rig Veda, showing how mediation is deeply rooted in Indian culture and values.
He said,
“A Rig Veda shloka beautifully says, move together, speak together, let your minds be in harmony. These timeless words find perfect resonance in the blessed soil of Kalinga, where they speak directly to mediation’s essence, turning disputes into dialogue and dialogue into peace.”
The inaugural session ended with a cultural event attended by all dignitaries, symbolising the harmony and inclusiveness that mediation seeks to promote.
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