Mediation must not remain confined to courts but grow as a community practice: CJI BR Gavai

Chief Justice of India (CJI) BR Gavai on Saturday said mediation must not remain confined to the courts but should grow as a practice led by citizens and communities.."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. In this context, the legal services authorities can play a leading role in promoting mediation at the grassroots level," the Chief Justice said..CJI Gavai explained that mediation was not new to India but deeply rooted in its political and social history. He recalled that even during the freedom movement, leaders chose sustained 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, and that its principles, which include dialogue, understanding and collaborative problem-solving, are timeless tools for resolving even the most complex conflicts,” he said..Justice Gavai was speaking alongside other dignitaries at the 2nd National Mediation Conference held at Bhubaneswar. The conference was planned, organised and hosted by the Advocate General of Odisha. .Placing listening at the centre of mediation, the CJI stressed that conflict itself is not what disrupts harmony, but the unwillingness to address it with openness.“It is not the mere existence of a quarrel or disagreement that disturbs our peace, but the refusal to listen, emphasise and make a genuine effort to resolve it. Conflict when approached constructively can become an opportunity for growth and understanding,” he said.He underlined that the Mediation Act, 2023 was only a framework and that its success would depend on cultural acceptance and practical training. He pointed to Section 43, which provides for community mediation of disputes likely to affect local peace and harmony, as a key step in making mediation a people’s practice.“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 said..Justice Gavai suggested that the 40-hour training module created by the National Legal Services Authority (NALSA) for judges and lawyers could be redesigned for citizens. He said such training should be simplified, offered in regional languages, and focused on practical skills such as negotiation and dialogue.“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,” he said..Attorney General of India R Venkataramani, who also addressed the gathering, said the adversarial system by its very nature could not adequately deliver justice. He called for bold reforms to place mediation at the centre of legal education and practice.“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,” the Attorney General said.Advocate General of Odisha Pitambar Acharya delivering a message from Prime Minister Narendra Modi, placed the emphasis on India’s cultural heritage of dialogue. The Prime Minister, he said, viewed mediation as a blend of timeless traditions and modern reforms that could strengthen both access to justice and local harmony. Acharya added in his own words that the real test of the Mediation Act lay in whether it could reach households across the country.“The object behind this conference is to promote mediation as a collaborative mechanism to avoid and resolve conflicts so that justice reaches every household, every household without the burden of long drawn and costly legal proceedings,” Acharya said..Orissa High Court Chief Justice Harish Tandon reminded the gathering that more than 5.32 crore cases were pending nationwide before courts, and that mandatory pre-litigation mediation under the 2023 Act could help reduce that judicial backlog if properly implemented.“According to NJDG more than 5.32 crore cases are pending in the country. Out of this 1.5 crore are civil and 3.7 crore are criminal cases. These statistics highlight the need of alternative mechanism like mediation to ensure timely delivery of justice,” he said.The State leadership reinforced the same message. Chief Minister Mohan Charan Majhi said mediation would only work if citizens believed in it, urging awareness campaigns across Odisha. Governor Hari Babu Kambhampati described the Mediation Act as a watershed moment, but warned that it must be backed by strong grassroots institutions and mediators fluent in local dialects if it is to remain inclusive.“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,” the Governor said..The inaugural session culminated in a cultural event attended by all the dignitaries. .[Read Live Coverage]