Mediation has its ‘genesis in our soil’, not a sign of weakness: CJI Surya Kant

NEW DELHI: Chief Justice of India Surya Kant on Friday underlined the importance of mediation in the justice delivery system, saying it has its roots in India’s traditions and is not a sign of weakness. Addressing students, judges and lawyers at the National Conference and Symposium on Mediation at the India International University of Legal Education and Research (IIULER) in Goa, the CJI said mediation has long been part of India’s dispute resolution culture.

“Mediation has its genesis in our soil. It is not a sign of weakness,” he said.

The Chief Justice participated in a Mediation Awareness Walkathon from Kala Academy in Goa. The two-kilometre walkathon was led by the CJI along with other Supreme Court judges, including Justice J K Maheshwari.

Speaking at the conference organised by the Bar Council of India, the CJI stressed the need for more trained mediators to strengthen mediation in the country.

“Mediation is not a sign of weakness but a process of the highest evolution,” he said.

The Chief Justice said parties often approach courts to settle scores rather than resolve disputes. “Litigation is dissection, mediation is remedial surgery. That is the significance of mediation,” he said.

Referring to India’s traditions, he added that mediation was not only conceptualised in ancient times but was also actively practised for dispute resolution. He added that mediation is cost-effective and helps reduce the burden on courts.

Highlighting the shortage of mediators, the CJI said, “We have trained 31,000 mediators, but the requirement is 39,000. To make mediation successful in this country, we need more trained mediators.”

He also said mediation is an art that requires dedication and sensitivity.

During the event, the Chief Justice released a book published by IIULER on climate change and another booklet on mediators. He also felicitated Goa’s first woman advocate, Libia Lobo Sardesai, a Padma Shri awardee and freedom fighter, along with senior advocate Norma Alvares.

The CJI said mediation is not an alternative system but an effective mode of dispute resolution that can have a strong impact on the justice delivery system.

Addressing the gathering, senior advocate Manan Kumar Mishra, Chairman of the Bar Council of India and a Member of Parliament, said, “Litigation ends in winning or losing; mediation ends in a solution.” (ANI)

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