Supreme Court judge Justice Surya Kant on Saturday called for the immediate development of multilingual resources to make mediation accessible across India. .Speaking at the technical session held during the launch of the Mediation Association of India, he emphasised that the success of India’s mediation framework hinges on its reach across linguistic and regional lines.“Mediation materials must be available in all Indian languages, just like court judgments. The mediation process should also be available in all the possible languages throughout the country," he said. He added that this inclusivity would help bridge the gap between legal processes and ordinary citizens. He also proposed introducing mediation as a standalone subject in law schools, separate from traditional alternative dispute resolution (ADR) courses. “Mediation has matured enough to be treated as an independent mode of dispute resolution,” he said..The event was also attended by Supreme Court Justices BV Nagarathna and N Kotiswar Singh both of whom stressed upon the need to restore cultural confidence in community-based dispute resolution, backed by institutional support under the Mediation Act, 2023.Justice Nagarathna, described mediation as an alternative to other alternatives and urged a return to India’s traditional methods of conflict resolution, especially the ethos of village panchayats. “In my own Taluka in Mandya district, there were no courts until the 1990s because everything was settled through local panchayats. We used to say, panch parameshwar,” she said.She proposed a detailed strategy for the implementation of the Mediation Act including:Multilingual and simplified public education materials including court summons marked with mediation information;Nationwide media campaigns using skits, social media and outreach by law students;Dedicated credit-based mediation courses in legal education;A centralized national mediation helpline and enhanced training for online and digital mediation;Court fee refunds for successful mediation outcomes similar to Lok Adalats..Justice Nagarathna also proposed a hybrid model, allowing arbitration to pause for mediation. She called for pre-arbitration mediation clauses in all government contracts and empanelment of mediator-arbitrators in court-annexed centres.In a candid closing note, Justice Nagarathna acknowledged a critical roadblock to mediation’s wider acceptance - resistance from sections of the legal profession. “Some advocates believe mediation reduces litigation and thereby affects their income. This cannot be the mindset. Advocates must see themselves as facilitators of justice,” she said and appealed to the Attorney General R Venkataramani to lead this cultural transformation..Justice N Kotiswar Singh highlighted the pivotal role of lawyers in making or breaking the mediation movement. Drawing from his experience in Manipur and Guwahati High Courts, he warned that litigants often lose out on the benefits of mediation at their first point of legal contact.“Unfortunately, the efficacy of mediation is lost at the first contact—through lawyers," he stated.It is therefore of utmost importance that we must train the lawyers, tell them the significance of mediation, he underscored. He also noted the need for increased government support to Legal Services Authorities, particularly to strengthen the infrastructure and capacity of Legal Services Authorities, which is often the first point of legal assistance for rural citizens.With the Mediation Association of India now operational and May 3 designated as National Mediation Day, the judges closed the session by calling for a national push for cultural revival, public trust and institutional integration of mediation across India.Read what Chief Justice of India Sanjiv Khanna said at the event here..Mediation unlike courts treats the root of dispute: CJI Sanjiv Khanna at the launch of Mediation Association of India
Supreme Court judge Justice Surya Kant on Saturday called for the immediate development of multilingual resources to make mediation accessible across India. .Speaking at the technical session held during the launch of the Mediation Association of India, he emphasised that the success of India’s mediation framework hinges on its reach across linguistic and regional lines.“Mediation materials must be available in all Indian languages, just like court judgments. The mediation process should also be available in all the possible languages throughout the country," he said. He added that this inclusivity would help bridge the gap between legal processes and ordinary citizens. He also proposed introducing mediation as a standalone subject in law schools, separate from traditional alternative dispute resolution (ADR) courses. “Mediation has matured enough to be treated as an independent mode of dispute resolution,” he said..The event was also attended by Supreme Court Justices BV Nagarathna and N Kotiswar Singh both of whom stressed upon the need to restore cultural confidence in community-based dispute resolution, backed by institutional support under the Mediation Act, 2023.Justice Nagarathna, described mediation as an alternative to other alternatives and urged a return to India’s traditional methods of conflict resolution, especially the ethos of village panchayats. “In my own Taluka in Mandya district, there were no courts until the 1990s because everything was settled through local panchayats. We used to say, panch parameshwar,” she said.She proposed a detailed strategy for the implementation of the Mediation Act including:Multilingual and simplified public education materials including court summons marked with mediation information;Nationwide media campaigns using skits, social media and outreach by law students;Dedicated credit-based mediation courses in legal education;A centralized national mediation helpline and enhanced training for online and digital mediation;Court fee refunds for successful mediation outcomes similar to Lok Adalats..Justice Nagarathna also proposed a hybrid model, allowing arbitration to pause for mediation. She called for pre-arbitration mediation clauses in all government contracts and empanelment of mediator-arbitrators in court-annexed centres.In a candid closing note, Justice Nagarathna acknowledged a critical roadblock to mediation’s wider acceptance - resistance from sections of the legal profession. “Some advocates believe mediation reduces litigation and thereby affects their income. This cannot be the mindset. Advocates must see themselves as facilitators of justice,” she said and appealed to the Attorney General R Venkataramani to lead this cultural transformation..Justice N Kotiswar Singh highlighted the pivotal role of lawyers in making or breaking the mediation movement. Drawing from his experience in Manipur and Guwahati High Courts, he warned that litigants often lose out on the benefits of mediation at their first point of legal contact.“Unfortunately, the efficacy of mediation is lost at the first contact—through lawyers," he stated.It is therefore of utmost importance that we must train the lawyers, tell them the significance of mediation, he underscored. He also noted the need for increased government support to Legal Services Authorities, particularly to strengthen the infrastructure and capacity of Legal Services Authorities, which is often the first point of legal assistance for rural citizens.With the Mediation Association of India now operational and May 3 designated as National Mediation Day, the judges closed the session by calling for a national push for cultural revival, public trust and institutional integration of mediation across India.Read what Chief Justice of India Sanjiv Khanna said at the event here..Mediation unlike courts treats the root of dispute: CJI Sanjiv Khanna at the launch of Mediation Association of India
