Justice Surya Kant emphasized that the true purpose of law is to heal society by restoring social harmony, not perpetuating conflict. Highlighting mediation as a constitutional value, he urged the judiciary to foster compassion, dialogue, and lasting social harmony in justice delivery.
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Chandigarh: At the Annual Litigation Conference held in Chandigarh, Supreme Court judge Justice Surya Kant addressed that redefined how India should view mediation, not merely as an alternative to litigation, but as a constitutional value deeply rooted in compassion, consensus, and social harmony.
Speaking on the theme “Comity of Courts and International Legal Cooperation in Practice,” Justice Kant emphasized that mediation represents the moral and constitutional evolution of justice itself. He noted that the Supreme Court’s new initiative, “Mediation for Nation,” reflects this ethos by “embedding dialogue and empathy at the heart of the judicial process.”
“The true purpose of law lies not in perpetuating conflict, but in restoring social harmony,”
— Justice Surya Kant
He reminded the audience that law must do more than decide; it must heal.
“Mediation is not merely an alternative to adjudication, but a constitutional value in itself, one that reaffirms our collective faith in compassion, consensus, and the healing power of justice.”
Justice Kant described India’s judicial system as undergoing a “quiet but powerful transformation,” shifting from an adversarial model toward one that prioritizes conciliation. This transformation, he said, reflects a maturing legal culture that seeks not just verdicts, but restored relationships.
“The system as a whole now stands united in its resolve to prioritise conciliation and amicable settlement over protracted contest.”
He argued that mediation is not simply a procedural tool; it is the moral evolution of justice, turning the courtroom into a space for empathetic problem-solving rather than technical argumentation.
Extending his vision to the global stage, Justice Kant reflected on the importance of court comity and international legal cooperation. In an increasingly interconnected world, he said, these are no longer theoretical ideals but practical necessities.
“Comity and cooperation are not abstract principles; they are lifelines for real people caught in the complexities of globalisation.”
He illustrated this point through a moving anecdote about a transnational custody dispute. The case, he said, revealed how law often carries immense human weight.
“That one question, ‘When can I see my child again?’, reminds us that the human element must never be lost in our global debates.”
Justice Kant urged judges and lawyers to see law as a bridge between nations, institutions, and people, rather than as a fortress of sovereignty.
“Law is at its best when it builds bridges, not walls.”
He concluded that a truly compassionate judiciary must be rooted in both international comity and constitutional empathy, where mediation and cooperation work hand in hand to ensure that justice “heals rather than hardens.”
Justice Kant’s address in Chandigarh echoed themes from his earlier remarks at the 2nd National Mediation Conference in Bhubaneswar, where he described mediation as the “future of justice.” He drew a vivid parallel between mathematics and human conflict:
“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.”
For him, mediation empowers parties not just to end disputes, but to find solutions they can both embrace.
While acknowledging the indispensable role of courts, Justice Kant noted their inherent limitations:
“Courts provide legal answers, but often leave unresolved the deeper current of human conflict.”
He argued that mediation expands the frame of justice beyond the binary of winners and losers, reaching into the “hearts and relationships that lie beneath the dispute.”
Justice Kant also reminded his audience that while the Mediation Act provides a strong statutory foundation, law alone cannot create a culture of trust.
“Legislation, however well entitled, cannot by itself change culture. It cannot create trust. It cannot nurture dialogue. That responsibility rests with us.”
He emphasized that modern disputes, spanning family, business, technology, and community, demand not only legal resolution but human understanding.
“What people seek is not merely a verdict, but a pathway to move forward. Mediation offers that possibility, for it does more than resolve a case; it fosters solutions that endure.”