Justice Surya Kant on Mediation’s Essence

The Hon’ble Chief Justice of India, Justice Surya Kant, who is an active proponent of mediation, offered a compelling framework for understanding mediation’s power at a recent book launch, where he stated mediation represents not just a settlement mechanism but a transformative process that prioritises empathy, dignity, and creativity in dispute resolution, the value of mediation lies in three things: empathy, dignity and creativity. Adding to it, he further stated that the success of mediation lies in arriving at solutions that preserve an amenable relationship between the parties to a dispute, be it personal or professional.

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?

Justice Surya Kant describes India’s justice system as undergoing a "quiet but powerful transformation" from adversarial adjudication to empathetic problem-solving. He states: "The true purpose of law lies not in perpetuating conflict, but in restoring social harmony."

Law is at its best when it builds bridges, not walls.

Mediation in Action: Mediation for Nation Campaign

The Indian judiciary, backed by progressive legislation and institutional frameworks, is now advocating mediation not as a secondary option but as a legitimate, powerful first resort for resolving disputes. The development of ODR infrastructure, enactment of the Mediation Act, 2023, and strategic initiatives like the "Mediation for Nation Campaign" (July to September 2025) demonstrated remarkable outcomes. In Delhi alone, over 28,000 matters were referred for mediation, with 4,316 successfully settled within just three months.

Expanding Mediation: Beyond Commercial Disputes

Justice B.V. Nagarathna has recommended a comprehensive and sector-wide adoption of mediation in cases of environment, healthcare, intellectual property, corporate governance, public contracts, and even Juvenile Justice Act matters.

• Green Mediators — specialized panel proposed by Justice Nagarathna for environmental disputes, combining mediation expertise with environmental law and climate science knowledge.
• Corporate & Startup Disputes — a founder dispute resolved in weeks rather than years could mean the difference between success and collapse. Mediation clauses recommended in Founders Agreements, Shareholder Agreements, and Term Sheets.
• Juvenile Justice — victim-offender mediation (VOM) for restorative justice in juvenile cases, with trauma-informed, child psychology-based mediator training.

Mediation: Catalyst for Amicable Dispute Resolution

Digital innovation through ODR is accelerating this expansion with significant examples: SEBI’s ODR Portal and MSME delayed payment platform, demonstrating that ADR mechanisms strengthened by technological infrastructure can deliver speedy, equitable, and accessible justice for millions.

India’s trajectory is clear. The contemporary landscape in the Indian legal system shows a developing acceptance of the mediation movement, reflecting a collective commitment to justice that heals rather than being adversarial. If steered correctly, mediation can become not merely an alternative but a genuine bridge to civic harmony and individual dignity.