Mediation unlike courts treats the root of dispute: CJI Sanjiv Khanna at the launch of Mediation Association of India

Chief Justice of India (CJI) Sanjiv Khanna on Saturday observed that efforts should be made to make the public understand that mediation is not a "lesser" form of justice but rather a wise form of it. .CJI Khanna was speaking at the first National Mediation Conference, 2025 which also marked the launch of the Mediation Association of India. “Over the past two decades, mediation played a critical role in resolving disputes. Between 2016 and early 2025, a staggering 7.57 lakh cases were settled through mediation. Yet, I must acknowledge, mediation is yet to reach the villages. India, in one way, therefore, has been slow in arriving at mediation and understanding its importance. Our goal must be to show every litigant, every citizen, every businessman, every person, that mediation is not a lesser form of justice but a wiser form of it," CJI Khanna observed while giving his address. .He explained that mediation offers a more holistic solution to disputes, when compared to courtroom adjudication. In courtroom adjudication, one party emerges the winner and the other the loser leading to relations becoming strained.Mediation, on the other hand, can heal relations instead, he observed. The solutions offered by mediation are less traumatic and more humane, he said.“Court litigation and adjudication are, in a way, grim and shallow. At times, the root cause remains unaddressed and the ailment and bane remain. The relationships are strained, if not broken. There is a winner, there is a loser. Mediation does the opposite. It seeks to identify and remedy the root cause. It goes deeper into the issue, the cause of the misunderstanding. It addresses the primordial and underlying concerns that are the cause of the dispute. It allows a more holistic solution that not only resolves the legal issue but goes beyond that. It heals and restores the relationship. This is true justice – not coerced and forced by what third parties dictate,” CJI Khanna said..He added that a mediator is expected to go beyond binaries of simple rights and wrongs. “Often disputes exist in shades of grey where the personal or commercial frictions do not always arise from one side being wrong, but also from misunderstandings. In many cases, both are at fault, though degrees may vary. Mediation offers space for undoing complexities. It does not involve legal and procedural complexities. It is flexible and personalised, not bound by rigid procedures,” he said..The Mediation Association of India launched today, is a national-level body that will be working to institutionalize and promote mediation as a primary mode of dispute and conflict resolution across India. It will attempt to bring together all key stakeholders in the mediation ecosystem - mediation associations, professional mediators, mediation trainers, advocates, public sector undertakings (PSUs), corporates, civil society organizations, academic institutions and individuals dedicated to its cause..President of India Droupadi Murmu, Union Minister of State (in charge) for Law and Justice Arjun Ram Meghwal, Supreme Court judge Justice BR Gavai, Attorney General R Venkataramani and Solicitor General Tushar Mehta were among the other dignitaries who spoke at the event. President Murmu recounted that India has a long and rich tradition of judicial mechanisms, in which out-of-court settlements were more of a norm. The institution of Panchayat was legendary for fostering such amicable settlements, she observed. The aim was not just to resolve disputes, but remove any lingering bitterness, she noted. "It was a pillar of social harmony for us. Unfortunately, colonial rulers ignored this exemplary legacy when they imposed an alien legal system on us," she said. .She added that although colonial laws provided for out-of-court settlements or mediation, there was no supporting institutional framework. She said that the new Mediation Act bridges this legal gap and will form the foundation for a vibrant and effective mediation eco system in India. She also batted for a system to empower mediation in villages."Many disputes which should end in villages come to court,” she noted. .In his address, Justice BR Gavai emphasised that law school curriculum must go beyond teaching just the theory of the Mediation Act. It is important to equip students with soft skills essential for mediation, he said.“Mediation is a human process that requires active listening, emotional intelligence. These are skills that cannot be acquired solely by textbooks. They must be cultivated by experimental learning, role plays and hands-on learning. Legal education must prepare students not just to argue cases, but to understand how to manage conflict without trying to dominate or control, to help resolve disputes in a manner that preserves relationships and dignity," he opined. He added that mediation should become an integral part of dispute resolution culture rather than an afterthought. It is only then that India can unlock the true potential of the Mediation Act, 2023. .Union Minister Arjun Ram Meghwal said that mediation has been a part of Indian culture. "Every dispute begins with mediation. During Ramayan, Angad was mediator. Lord Krishna was the mediator during Mahabharat ... Today we have a mediation law as there was no standalone law for mediation in the country," he said. .Attorney General (AG) R Venkataramani expressed hope that in commemoration of today's launch of the Mediation Association of India, May 3 could be celebrated as India's National Mediation Day going forward."Today’s event is a small beginning. People from across the country are here today. It is like a great temple bell, awakening us to a great day. I also wish to see the day when India would soon be the headquarters of a Global Mediation Association," he said. .Solicitor General (SG) Tushar Mehta observed that the Mediation Association could play a crucial role in promoting faster and more flexible methods of dispute resolution, particularly in smaller cases or labour disputes that should ideally first be mediated. .[Read Live Coverage]