CJI BR Gavai emphasizes that mediation should be a people’s practice, not just a legal tool, urging community-led conflict resolution to empower citizens and strengthen peace across India.
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NEW DELHI: At the 2nd National Mediation Conference in Bhubaneswar, Chief Justice of India BR Gavai emphasized the transformative potential of mediation, urging that it should not be confined to courtrooms but flourish as a community-led practice. His vision highlights the deep cultural roots of dialogue in India and its relevance in modern conflict resolution.
CJI Gavai emphasized that mediation should not be viewed merely as a legal tool, but as a practice deeply rooted in social and community life. He stated,
“Mediation should not be viewed merely as a tool confined to the legal profession. Historical and social experiences show that mediation has long been a practice embedded in public life and community interactions … Mediation should be cultivated as a practice of the people, for the people, empowering communities to take an active role in resolving disputes peacefully and collaboratively.”
Drawing from India’s freedom movement, he recalled that leaders often chose dialogue over confrontation to reconcile competing interests:
“Leaders engaged in patient discussions, built consensus and reconciled competing interests, enabling the country to chart a shared path. This historical example reminds us that mediation is deeply rooted in our collective experience.”
Highlighting the central role of listening, Justice Gavai explained,
“It is not the mere existence of a quarrel or disagreement that disturbs our peace, but the refusal to listen, empathize and make a genuine effort to resolve it. Conflict when approached constructively can become an opportunity for growth and understanding.”
While the Mediation Act, 2023, provides the necessary framework, its success depends on cultural acceptance and practical training. CJI Gavai pointed to Section 43, which allows disputes affecting local peace to be resolved through community mediation with mutual consent, as a crucial step:
“In this regard, Section 43 of the Mediation Act 2023 is particularly significant. It provides that any dispute likely to affect peace, harmony and tranquility among the residents or families of any area or locality may be settled through community mediation with prior mutual consent of the parties to the dispute.”
He proposed simplifying the 40-hour NALSA training module designed for judges and lawyers to create citizen-friendly courses in regional languages, focusing on practical negotiation and dialogue skills:
“By equipping the common people with their knowledge and tools of mediation, we can foster a culture where disputes, whether social, familial or local, are addressed constructively within communities, reducing reliance on formal courts and empowering citizens to resolve conflicts amicably.”
Attorney General R Venkataramani highlighted the limitations of India’s adversarial system, advocating for national mediation literacy:
“We need national mediation literacy which law schools must undertake. We need to convert the sleeping mediation law into a majestic elephant. We need to redo our legal framework to lessen court control on mediation.”
Advocate General of Odisha Pitambar Acharya, delivering a message from Prime Minister Narendra Modi, emphasized:
“The object behind this conference is to promote mediation as a collaborative mechanism to avoid and resolve conflicts so that justice reaches every household without the burden of long drawn and costly legal proceedings.”
Orissa High Court Chief Justice Harish Tandon stressed the urgency of alternative dispute resolution, citing that more than 5.32 crore cases are pending nationwide:
“These statistics highlight the need of alternative mechanisms like mediation to ensure timely delivery of justice.”
State leaders echoed this message. Chief Minister Mohan Charan Majhi called for awareness campaigns to build trust in mediation, while Governor Hari Babu Kambhampati emphasized the need for strong grassroots institutions:
“This conference is not merely a forum for discussion, but a clarion call for action. The partnership of the judiciary, the executive and the legal fraternity will determine whether mediation becomes a lasting instrument of justice and governance in our country.”