New Delhi, Indian judiciary has promoted mediation not only as an alternative but as a robust dispute resolution mechanism, Chief Justice of India Surya Kant said during a panel discussion conducted by the Indian High Commission in London.
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Stating that mediation was very close to his heart, the CJI said that the Supreme Court Legal Service Committee has created a huge team of trained mediators.
“I can say proudly that in every town, in every street people know what mediation is,” the CJI said.
The High Commission in London on Wednesday hosted a high-level panel discussion on “Technology and the Future of Mediation” and brought together leading judicial and legal figures from India and the United Kingdom, according to a press statement.
Besides the CJI, the panel featured Lord Hamblen of Kersey, Judge of the UK Supreme Court; Kirsty Brimelow KC, President of the Bar Council of England and Wales; and Brett Dixon, Vice President of the Law Society of England and Wales.
High Commissioner Kumaran P made the opening remarks. The discussion was moderated by Tanvi Dubey, Advocate-on-Record of the Supreme Court.
Speaking on the role of the judiciary in promoting mediation, the CJI outlined the evolution of mediation in India, dividing it into two phases: that is, before and after the enactment of the Mediation Act, 2023.
The CJI said that before the legislation came into force, courts had actively encouraged mediation as a robust dispute resolution mechanism.
Referring to his early years as a high court judge in 2004, he highlighted the establishment of mediation centres at the trial court, high court and Supreme Court levels.
“The Mediation Act, 2023 is the culmination of a statutory and judicially created regime that has evolved over decades,” he said.
The CJI highlighted judicial initiatives aimed at building mediation capacity, including mandatory training programmes for mediators through State Judicial Academies and the role of the National Legal Services Authority and Lok Adalats in familiarising citizens with consensual dispute resolution mechanisms.
Responding to a question on whether mediation should be preferred over arbitration, the CJI emphasised that both mechanisms have important roles to play.
“I do not discourage arbitration,” he said, adding that growing commercial engagement between nations inevitably generates disputes.
However, he stressed that parties should first attempt to resolve differences through mediation because of its affordability, speed and ability to preserve commercial relationships.
Distinguishing between the two mechanisms, the CJI said, “In arbitration, the passing of an award is often the beginning of further litigation. In mediation, once the process is successfully concluded, it brings closure to the dispute. That is the beautiful difference between mediation and arbitration”.
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