Vijayawada, March 1 – Chief Justice of India, Surya Kant, on Sunday called on the judiciary to promote mediation, stating that it is gaining wider acceptance as an effective tool for resolving disputes.
Highlighting the need to build a "mediation culture," he stated that mediation is no longer just an alternative method but has emerged as the preferred mode of dispute resolution.
He delivered the keynote address at a state-level symposium on ‘Mediation: Dialogue as Cornerstone of Justice’, organized by the Andhra Pradesh State Legal Services Authority (APSLSA), here.
He noted that the process of mediation has statutory backing in the Mediation Act of 2023, and the resolutions passed by mediators are legally enforceable decrees.
The Chief Justice said that mediation is an excellent way to reduce the caseload in courts and resolve disputes quickly and in a friendly environment. He noted that caseloads have been reduced to some extent by specialized courts, such as those dealing with family disputes.
Justice Surya Kant said that mediation has become extremely popular in foreign countries because it is less costly and less time-consuming compared to arbitration.
He also urged bar associations to encourage people to adopt mediation as a means to settle their disputes.
He said that people involved in disputes should have complete faith in the mediator. Due to the trust people have in the judiciary, mediation through courts is given high priority.
"Mediation is present in every aspect of our lives. Even major problems are being solved through mediation," he said, adding that commercial problems are also being solved through this process.
Highlighting the role of the temperament, conduct, and integrity of mediators in achieving desired outcomes, he underscored the importance of professional mediators learning the nuances of the entire mediation process.
Justice Surya Kant noted that mediation has been used in India since ancient times to resolve problems. He believes that mediation is inherent in the Indian culture and has a history of thousands of years.
He cited the attempt made by Lord Krishna to bring about peace between the Pandavas and the Kauravas as the first formal mediation.
Supreme Court Judge, Jitendra Kumar Maheshwari, said that relations can be preserved by resolving disputes through negotiations and mutual consent, not through courts. Justice Maheshwari said that mediation has been given legality through the 'Mediation Act - 2023', which will reduce the burden on the judiciary.
Chief Justice of Andhra Pradesh High Court, Dheeraj Singh Tagore, said that Chief Minister Chandrababu Naidu provided full support on behalf of the government to the International Mediation Conference held in Visakhapatnam.
Chief Minister Chandrababu Naidu appealed to the Chief Justice of India to establish a National Judicial Academy in Amaravati.
The Chief Minister said that as part of the capital development infrastructure for the judicial system, facilities will be provided in the proposed Justice City. Efforts are on to build the best Judicial City in the country by integrating institutions such as the Judicial Academy, Legal Services Authority, Mediation Centre, International Law University, and the Bar Council of India.
The state government is ready to allocate the required land for these institutions. The Chief Minister assured support for the establishment of the National Judicial Academy in Amaravati.
In response to a suggestion by the Chief Justice of the High Court, he announced an increase in the incentive for cases resolved through mediation from Rs 3,000 to Rs 10,000. He said that an incentive of Rs 3,000 will also be given for unsuccessful cases.
