Supreme Court Justice Surya Kant highlights that the true value of mediation lies in empathy, dignity, and creativity, ensuring dispute resolution that preserves relationships under the Mediation Act 2023.
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NEW DELHI: Mediation in India has been receiving renewed attention, especially with the enactment of the Mediation Act, 2023, which provides a strong statutory framework for dispute resolution outside courts.
At the launch of Commentary on Mediation Act, 2023, authored by Advocate Nandini Gore and published by Mohan Law House, Supreme Court Justice Surya Kant highlighted how mediation represents not just a settlement mechanism but a transformative process rooted in empathy, dignity, and creativity.
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Justice Surya Kant on Mediation’s Transformative Role
Justice Surya Kant emphasized that mediation goes beyond securing settlements; it nurtures relationships even after disputes are resolved.
“The value of mediation lies in three things – empathy, dignity, and creativity. Its triumph is not just in achieving a settlement but in resolving a dispute in a way that allows parties to continue their relationship, whether personal or professional.”
He pointed out that litigation often becomes adversarial, daunting, and dehumanising for ordinary litigants. Mediation, by contrast, provides a sense of justice that transcends courtroom victories, ending disputes with dignity intact and a sense of contentment.
Sharing statistics from the ongoing 90-day legal-aid campaign, Justice Kant revealed that:
- 1.6 crore cases had already been identified and referred to mediation.
- With 12,000 new mediators, India’s mediation pool has now crossed 31,000.
- Mediation agreements are legally enforceable under the Mediation Act, ensuring trust and confidentiality.
Regional mediation centres, he added, have been instrumental in restoring neighbourhood harmony across the country.
Justice KV Viswanathan: Mediation Act as a Transformative Legislation
Speaking at the same event, Justice KV Viswanathan praised both the book and its author, calling the Mediation Act a transformative piece of legislation.
He described Gore’s book as:
“Not merely a legal text but a powerful statement.”
Justice Viswanathan also credited Justice Surya Kant for spearheading initiatives like the 90-day campaign to enhance access to justice.
“This is a testament to the belief that justice must not be a privilege but a fundamental right.”
Author Nandini Gore: A Personal and Professional Journey
Author Nandini Gore shared that her book was shaped both by her personal journey and her professional experiences as a mediator and lawyer. She expressed hope that it would act as a practical guide for practitioners and encourage a cultural shift towards adopting mediation as a mindset, not just a mechanism.
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Professor C Raj Kumar: Mediation in India’s Ethos
Adding an academic perspective, Professor (Dr.) C Raj Kumar, Vice-Chancellor of OP Jindal Global University, reminded that mediation has historically been part of India’s cultural ethos. However, statutory backing was crucial to institutionalise it.
He proposed a ten-point agenda for strengthening mediation in India, which included:
- Making pre-litigation mediation a default option.
- Operationalising the Mediation Council of India.
- Building a public mediation service network.
- Introducing fiscal incentives.
- Developing a national ODR (Online Dispute Resolution) stack, among others.
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