Mediation Not a Threat to Judiciary, Says CJI Surya Kant

Introduction

Chief Justice of India (CJI) Surya Kant has strongly dismissed the enduring notion that encouraging mediation undermines the judicial system, describing this perspective as “unacceptable” in the current scenario. Addressing a celebration event held by the Bar Council of India in his recognition, the CJI stressed that mediation should be seen as a fundamental and empowering part of the justice delivery system, rather than a substitute arising from judicial shortcomings.

Global Inspiration and the Case for Mediation

Sharing an invitation he got from the Federal Court of Malaysia to launch a Mediation Centre set up by the Kuala Lumpur Bar Association, CJI Surya Kant noted his surprise at the zeal with which foreign legal institutions, including bar associations, vigorously advocate for mediation.

Based on his global experience, he noted that mediation can achieve significant results and lessen disputes in ways that conventional adversarial litigation frequently fails to do.

“Upon observing that situation and travelling to various other nations, I came to understand that mediation is a highly effective tool that can create numerous success stories in India,” the CJI noted.

District Judiciary: The Real Test of Justice

Turning attention to the Indian scenario, Justice Surya Kant pointed out that the genuine challenges confronting the judiciary exist at the district tier. He emphasized that the efficiency of the justice system should be evaluated based on how quickly, compassionately, and autonomously trial courts operate.

"The actual challenge facing the Indian judiciary lies at the grassroots level." He stated that the most crucial aspect of the entire judicial system is the speed, humanity, and intelligence with which the district judiciary operates, along with its ability to administer justice independently and boldly.

Litigants’ Experience Begins and Ends at Trial Courts

Emphasizing the importance of trial courts, the CJI stated that for many citizens, the district judiciary serves as the initial, and frequently the last, point of contact with the justice system. He indicated that almost 70% of those involved in legal disputes anticipate their issues will be resolved at the district level.

Highlighting a crucial issue, he inquired if the system can afford to stay apathetic when a notable portion of litigants depart unhappy. He claims that mediation provides a compassionate way out, enabling both sides to find resolution without extended conflict.

"The sole solution is to establish an alternate system where both sides exit the court happily," he stated, encouraging lawyers to serve as "mediators' ambassadors."

A Collective Responsibility

The gathering featured Justice M.M. Sundresh, Justice Ahsanuddin Amanullah, Union Law Minister Arjun Ram Meghwal, and Attorney General R. Venkataramani, highlighting the organizational importance of the message.

CJI Surya Kant’s comments indicate a distinct change in the judiciary, viewing mediation not merely as a concession to justice, but as a crucial tool necessary for minimizing backlog, rebuilding trust in the courts, and making dispute resolution more relatable at the community level.

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