A Supreme Court judge said mediation can become widely accepted in India only if people change their mindset and trust the process at the grassroots level. He stressed that mediation must work parallel to courts and should not be confused with arbitration.
Panaji: Supreme Court judge Justice A Amanullah on Saturday said that for mediation to become popular and widely accepted in India, there must be a clear change in mindset and strong confidence must be created among people at the grassroots level.
He was speaking at the valedictory session of a two-day National Conference and Symposium organised by the Bar Council of India (BCI) and BCI Trust at the India International University of Legal Education and Research (IIULER) in Panaji.
Justice Amanullah pointed out that many people still confuse mediation with arbitration, even though both processes are completely different in nature. He clearly stated that a mediator should never approach a dispute with the mindset of an arbitrator.
Explaining the value of mediation, Justice Amanullah said,
“Successful resolution of a dispute through the mediation process gives immense satisfaction to the mediator. People want to resolve disputes through mediation, as no one wishes for litigation or adversarial court processes to be carried forward across generations merely to reach a conclusion.”
He further stressed that mediation and the regular judicial system should not overlap. According to him, both systems must work side by side, without interfering with each other.
Justice Amanullah also highlighted the larger impact of mediation, stating that confidence must be created among people at the grassroots level that mediation not only benefits the parties involved but also serves the national interest.
Praising the efforts taken by legal institutions, he appreciated initiatives such as organising mediation seminars at IIULER. He noted that the conference witnessed more than 11 hours of meaningful discussions through panel discussions, policy roundtables, training programmes and technical sessions.
Justice Amanullah also acknowledged that while challenges exist, efforts to expand the scope of mediation should not be delayed. He said the country should not wait for perfect conditions to promote mediation.
ALSO READ: Mediation Is Being Accepted As Successful And Cost-Effective Way: CJI Surya Kant
Addressing the same valedictory session, Supreme Court Justice N Kotishwar Singh spoke about India’s long-standing tradition of resolving disputes through dialogue.
He said that India had a culture of resolving conflicts through conversation, conscience and community even before courts, laws and the term “mediation” came into existence.
Justice Singh described the conference’s conclusion as a powerful reminder of India’s justice system, saying,
“This valedictory moment served as an affirmation that justice in India has always been strongest when it seeks reconciliation without declaring a winner or a loser,”
He further added,
“Mediation is not a concept being newly adopted, but wisdom being reclaimed,”
Presenting the conference report, Bar Council of India Chairman Manan Kumar Mishra said that the event successfully covered the essential aspects of mediation.
He stated that the discussions sent a strong national message about the increasing importance of mediation in today’s legal and social environment.
The conference saw the presence of several eminent dignitaries, including Chief Justice of India Surya Kant, Goa Chief Minister Pramod Sawant, judges of the Supreme Court and various high courts, along with legal experts and practitioners from across the country.
Read More Reports On Mediation
