Mediation represents not just a settlement mechanism but a transformative process that prioritises empathy, dignity, and creativity in dispute resolution, Supreme Court Justice Surya Kant said on Tuesday.
He added that mediation's success lies in arriving at solutions that preserve an amiable relationship between parties to a dispute.
“The value of mediation lies in three things - empathy, dignity, (and) creativity. Its triumph is not just in achieving a settlement but in resolving a dispute in a way that allows them (parties to a dispute) to continue having a relationship, whether personal or professional," he said.
The judge was speaking at the launch of a Commentary on Mediation Act, 2023, authored by Advocate Nandini Gore, and published by Mohan Law House.
The event was also attended by Supreme Court judge, Justice KV Viswanathan and OP Jindal Global University Vice-Chancellor Professor (Dr.) C Raj Kumar.
In his address, Justice Kant reflected on how mediation can provide ordinary Indians with a sense of justice beyond courtroom victories.
“What does justice feel like for the ordinary Indian? Is it about winning a case in court regardless of time and money invested, or is it about ending a dispute with dignity intact and a sense of contentment?” he asked.
He went on to note that the adversarial nature of courtroom litigation often makes the process grueling, daunting and dehumanising experiences for litigants.
He opined that this experience must change, emphasising the need for mediation.
Sharing statistics from the ongoing 90-day legal-aid campaign, Justice Kant said that around 1.6 crore cases had already been identified and referred to mediators. With the addition of 12,000 more mediators, India’s mediation pool would now cross 31,000.
He underlined that mediation agreements are legally enforceable under the Mediation Act 2023, and that confidentiality provisions would strengthen parties’ confidence in the process. Regional mediation centres had restored neighbourhood harmony in countless disputes, he added.
“Mediation asks us to see each other not as adversaries but as amiable neighbours and colleagues. My sincere hope is that this book finds its way to those who need it most,” he added, while acknowledging the legal fraternity’s role in supporting mediation.
Justice KV Viswanathan praised both the book and its author.
“I am particularly happy to be part of this evening’s book release not only because of the topic, but because the author is Nandini. I have known her for 37 years now. She has braved adversity, particularly in the last 3–4 years, and channelised that energy to bring out this work,” he said.
Calling the Mediation Act a transformative piece of legislation, he described the book as “not merely a legal text but a powerful statement.”
He added that the new mediation law was designed to complement existing legal frameworks and represented a vision advanced with immense dedication.
Justice Viswanathan also credited Justice Surya Kant for being at the forefront of access to justice through initiatives such as the 90-day campaign to resolve disputes across courts.
“This is a testament to the belief that justice must not be a privilege but a fundamental right,” he said.
Author Nandini Gore said her book was shaped by her personal journey and her professional experience as a mediator and lawyer. She expressed hope that it would serve as both a practical guide for practitioners and an invitation to embrace mediation as a mindset.
Professor (Dr.) C Raj Kumar highlighted how mediation had historically been part of India’s cultural ethos, while stressing that statutory backing was essential to take it beyond goodwill-driven initiatives.
He also laid out a ten-point agenda for strengthening mediation in India, including making pre-litigation mediation a default option, operationalising the Mediation Council of India, building a public mediation service network, introducing fiscal incentives, and developing a national ODR stack, among other measures.