Mediation being accepted as successful, cost-effective tool, says CJI Surya Kant

Chief Justice of India Surya Kant said on Friday that mediation is increasingly being accepted as a successful, cost-effective and win-win settlement for both litigating parties. He was speaking after taking part in a symbolic walk for ‘Mediation Awareness’ near Kala Academy in Panaji. Later in the day, he will participate in the conference ‘Mediation: How significant in the present-day context’, organised by the India International University of Legal Education and Research at Sancoale village in South Goa. 

“Mediation is being accepted as successful and cost-effective. It is a win-win situation for both parties as it is a settlement,” he said.  The CJI said that in the case of mediation, no mediator will impose anything on any party. “It is only what they desire or what they want,” he said. CJI Kant said the SC has launched the ‘Mediation for Nation’ initiative to send out a message to stakeholders.

“(The message is) not only for the consumers of justice but also for direct stakeholders like the Bar and the Bench,” he said.

Kant said that if people sensitise themselves, they become conscious of the fact that mediation is a successful tool.

“This will lead to good results, and this has actually happened. We were able to persuade our high courts, we were able to persuade district courts to identify certain matters which can be sent for mediation,” he said.  The CJI called mediation an ongoing process. “It will continue for old cases and also fresh ones. It will also continue for the pre-litigation stage... Even before a case is taken to the court,” he added.