The President of India and Chief Justice of India (CJI) graced the launch of the Mediation Association of India and addressed the First National Mediation Conference 2025 in New Delhi

• They stressed on mediation to resolve disputes and lower the burden of courts.
• The President said that the Mediation Act, 2023 was the first step in consolidating the civilisational legacy.
  • It was emphasised that effective dispute and conflict resolution are not seen merely a legal necessity but a societal imperative.

Key Points From the First National Mediation Conference

• Mediation as True Justice: President Droupadi Murmu and CJI Sanjiv Khanna emphasized that mediation is not a lesser form of justice but a wiser, more effective one.
  • They added that mediation can enhance both the ease of doing business and the ease of living
• Historical Significance: India had a rich tradition of out-of-court settlements, which colonial rulers overlooked when imposing foreign legal systems.
• Mediation Act, 2023: The Act is viewed as a step toward reviving India’s traditional dispute resolution mechanisms and creating a strong mediation framework.
• Focus on Rural Areas: President Murmu called for extending mediation practices to panchayats and rural areas to ensure accessible justice and social harmony.
• Judicial Backlog Reduction: Mediation is seen as a solution to reduce the burden on courts, speeding up the delivery of justice.
• Mediation vs. Litigation: CJI Khanna drew a distinction between litigation, which treats symptoms, and mediation, which addresses the root causes and heals relationships.
  • Between 2016 and early 2025, over 7.5 lakh cases were settled through mediation.

About Mediation

• Mediation is a voluntary, confidential, and structured process where a neutral third party (mediator) facilitates dialogue between disputing parties to help them reach a mutually acceptable solution. 
  • It focuses on collaborative problem-solving and is a type of Alternate Dispute Resolution (ADR).
  • The mediator facilitates discussion but does not impose a decision. The outcome is non-binding unless agreed upon and formalized.
  • Between 2016 and early 2025, 7.57 lakh cases were resolved through mediation.

Types of Mediation

• Court led Mediation: Conducted under court supervision.
• Private Mediation: Parties engage a mediator independently.
• Community Mediation: Grassroots-level dispute resolution (e.g., panchayats).

Significance of Mediation in India

• Judicial Efficiency: India has over 5 crore pending cases, and High Courts face one judge for every 18.7 lakh people. 
  • Mediation helps in decongesting courts by resolving disputes at the pre-litigation stage.
• Cultural Compatibility: India has a long tradition of community-based dispute resolution, such as panchayats, khaps, and village elders.
• Preserves Relationships: Mediation is non-confrontational; it fosters trust, cooperation, and often leads to a win-win solution.
  • Litigation often results in winners and losers, causing strain or permanent damage to relationships. It may fail to address underlying issues, offering only superficial resolution.
• Cost-Effective and Quick: Litigation in courts can take years due to procedural delays and pendency. Mediation, by contrast, typically resolves disputes within a few sessions, making it faster.
  • Small and medium enterprises (SMEs) often lack the resources to sustain long legal battles. Mediation allows them to settle disputes quickly, preserving business continuity and relationships.
• Flexible Procedure: No rigid courtroom procedures; parties have more control over the process.
• Voluntary Nature: Parties can enter and exit mediation at any stage without assigning reasons.
• Confidentiality: All discussions and information disclosed remain private.

Judicial Encouragement and Institutional Support To Mediation

• Referral of Cases: Courts refer suitable pending cases to mediation centres within Legal Services Authorities (LSAs) to reduce case backlogs.
• Role of NALSA: NALSA (National Legal Services Authority) promotes mediation by setting up state-level mediation centres and conducting training programmes.
• Mediation and Conciliation Project Committee (MCPC): The Mediation and Conciliation Project Committee was constituted by the Supreme Court of India to oversee the effective implementation of mediation and conciliation in the country.
  • MCPC was set up by an administrative order of April 9, 2005.
• Landmark Cases Relating to Mediation:
  • Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co.(2010) : The Supreme Court emphasized that alternative dispute resolution (ADR) ensures faster relief and reduces court burden.
  • Salem Advocate Bar Association vs. Union of India (2005): The Supreme Court stressed the need for procedural structure in mediation.
  • M.R. Krishna Murthi v. The New India Assurance Co. Ltd (2019) The Supreme Court emphasised the need for comprehensive legislation, culminating in the enactment of the Mediation Act, 2023.

Mediation Act, 2023

• Settlement through Mediation: The act requires persons to try to settle civil or commercial disputes through mediation before approaching any court or tribunal.
• Pre-Litigation Mediation: Parties must attempt to settle civil or commercial disputes by mediation before approaching any court or certain tribunals.Even if they fail to reach a settlement through pre-litigation mediation, the court or tribunal may at any stage refer the parties to mediation.
• Time-Bound Process: Mediation must conclude within 120 days, extendable by 60 days.
• Mediation Council of India: A statutory body to regulate mediators, service providers, and institutes.
• Voluntary and Mandatory Mediation: The act aims to govern two forms of mediation i.e voluntary and mandatory, depending on whether mediation is agreed or legally required.
• Excluded Disputes: Criminal matters, serious fraud, and sectoral issues like telecom and environment are excluded.
• Court-Directed Mediation Allowed: Courts can refer certain civil and matrimonial disputes for mediation.
• Community Mediation Provision: Local disputes affecting harmony may be resolved by a mediator panel.

Challenges in Implementing Mediation

• Lack of Awareness: People still equate justice with courtroom verdicts.
• Shortage of Trained Mediators: Skilled professionals are few, especially in rural areas.
• Inadequate Infrastructure: Absence of dedicated mediation centers across districts.
• Enforceability Confusion: Pre-2023, lack of clarity on legal status of mediated agreements.
• Cultural Resistance: Preference for adversarial methods and “winning” the case.
• Lack of Formal Structure: Private or voluntary mediation, although increasingly practiced, often lacks a formalized and institutional framework.
  • Since such settlements are not always converted into court decrees, parties may find it difficult to enforce the terms if one party defaults.
• Absence of Legal Recognition: Settlements reached through private mediation are not expressly recognized under existing legal provisions, making them less enforceable compared to court-referred mediation.

Way Forward

• Awareness Campaigns: Legal literacy drives to promote understanding and acceptance of mediation. 
  • A “mediation mindset” is essential for the success of the Mediation Act, 2023.
• Capacity Building: Train mediators with emotional intelligence, active listening, and negotiation skills.
• Legal Education Reforms: Law schools should include practical training in mediation.
• Technological Integration: Promote online dispute resolution (ODR) to expand access, especially in remote areas.
• Grassroots Empowerment: Involve panchayats and local bodies under the Mediation Act framework.
• Global Partnerships: Learn from models like Singapore and establish India as a global mediation hub.

Conclusion

Mediation has firmly established itself as a past tradition, a present necessity, and a future cornerstone of dispute resolution.

• As courts remain overburdened, mediation stands as a trusted, effective, and amicable solution promoting access to justice for all and it becomes a key instrument to realise the vision of Viksit Bharat by 2047.

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