A recent LinkedIn post highlights inappropriate remarks by judges during mediation sessions, raising concerns over fairness, mediator training, and the need for sensitivity to improve litigant trust in the process.
A recent social media post has reignited discussions on the challenges of mediation in legal disputes and the necessity of trained mediators with domain expertise. A LinkedIn post by Ankur R Jahagirdar highlights instances where judicial mediators allegedly made inappropriate remarks, raising concerns about fairness and sensitivity in mediation.
According to Jahagirdar’s post, a Pune district court judge, presiding over a mediation session between an estranged husband and wife, reportedly questioned the woman for not wearing traditional symbols of marriage.
“I can see that you are not wearing a mangalsutra or a bindi. If you don’t behave like a married woman, why would your husband show any interest in you?”
the judge allegedly remarked.
The couple was in court to mediate a domestic violence dispute, but the judge’s comments reportedly created an uncomfortable environment for the woman.
In another case, Jahagirdar recounted a maintenance dispute where a sessions judge allegedly made problematic remarks about gender roles in marriage.
“If a woman is earning well, she will always look for a husband who earns more than her and will never settle for someone who earns less. However, if a man who earns well is looking to marry, he might even marry a maid who washes utensils in his house. Look how flexible men are. You should also show some flexibility. Don’t be so rigid,”
the judge reportedly stated.
Speaking to Bar & Bench, Jahagirdar revealed that the woman in the second case was deeply distressed by the judge’s remarks.
“The client even cried during the mediation because of the environment created by the judge,”
he said.
Such incidents, he explained, lead litigants to lose faith in the mediation process, resulting in prolonged legal battles that could have otherwise been resolved amicably. When mediators fail to remain impartial and professional, cases that should be settled end up adding to the burden of the justice system.
Jahagirdar’s post underscores the urgent need for structured training and certification for mediators. Mediation is meant to be a neutral and constructive process, but without the right oversight, it can become yet another hurdle for justice. His account has sparked calls for greater scrutiny of mediation practices and better safeguards to protect litigants from bias and insensitivity.
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