Chief Justice of India Surya Kant highlighted mediation as a robust dispute resolution mechanism during a panel discussion in London. He noted the widespread understanding of mediation in India, bolstered by the Mediation Act of 2023, emphasizing its speed, affordability, and ability to preserve relationships.
The Indian judiciary's strong advocacy for mediation, supported by recent legislation, signals a strategic shift towards more efficient and relationship-preserving dispute resolution, potentially impacting commercial and civil litigation landscapes both domestically and internationally.
Chief Justice of India Surya Kant has emphasized the Indian judiciary's commitment to promoting mediation as a robust dispute resolution mechanism, not merely an alternative. Speaking at a high-level panel discussion in London hosted by the Indian High Commission, he noted that mediation is widely understood across India, a sentiment bolstered by the enactment of the Mediation Act of 2023.
Justice Kant divided the evolution of mediation in India into two phases: before and after the 2023 Act. He recalled the establishment of mediation centers at trial, high court, and Supreme Court levels as early as 2004, indicating a long-standing judicial push for consensual dispute resolution. He described the Mediation Act, 2023, as the culmination of decades of statutory and judicial efforts.
During the discussion, which also featured prominent legal figures from the UK, Justice Kant addressed the preference for mediation over arbitration. While acknowledging arbitration's role, he stressed that mediation should be attempted first due to its speed, affordability, and capacity to preserve commercial relationships. He distinguished mediation by stating that its successful conclusion brings closure, whereas arbitration awards can sometimes initiate further litigation.
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