In an era dominated by judicial backlog and prolonged litigation, the emphatic directive from the Chief Justice of India, Justice D.Y. Chandrachud, in April 2024, to “mediate, not litigate”, echoes with increasing urgency. The Mediation Act, 2023, notified on September 15, 2023, promises a transformative shift towards alternative dispute resolution. This legislation not only formalises mediation but also provides a comprehensive definition that includes pre-litigation and court-annexed mediation, online platforms, and community mediation among its forms, all aimed at facilitating amicable settlements through the intervention of a neutral mediator.
The reflections of the former Supreme Court of India judge, Justice S.K. Kaul, further illuminate the nuanced role of mediation. Speaking at a recent event, he recognised the evolution of mediation from a concept met with scepticism to one that is now warmly embraced by the legal community. Justice Kaul underscored that mediation should not be seen as a replacement for established legal procedures such as the Insolvency and Bankruptcy Code (“IBC”), but rather as a synergistic approach.
Echoing the ethos of Mahatma Gandhi, who saw the true role of a lawyer not in litigation but in uniting parties in dispute, mediation reorients the focus from adversarial confrontation to reconciling differences and healing relationships. As peacemakers, mediators foster a democratic space for open dialogue, allowing individuals to express their emotions and grievances freely, thereby paving the way for mutual understanding and the restoration of balance.
