Justice Surya Kant of the Supreme Court recently reflected on his evolving perspective on mediation, stating that while he was skeptical of its effectiveness as a lawyer, his experience as a judge transformed his views. He acknowledged the significant role mediation plays in resolving disputes amicably and reducing the burden on courts.
Background:
Justice Surya Kant, known for his illustrious legal career, admitted that his initial approach toward mediation was influenced by the adversarial nature of litigation. As a lawyer, he primarily viewed mediation as a less effective alternative to courtroom trials. However, after assuming judicial responsibilities, he witnessed the potential of mediation to address disputes more holistically.
Court’s Rationale:
In his judicial capacity, Justice Kant observed that mediation fosters dialogue and mutual understanding, enabling parties to resolve issues without prolonged litigation. He emphasized that mediation is particularly effective in cases involving family disputes, commercial disagreements, and community conflicts, where preserving relationships is as crucial as resolving disputes.
Existing Measures:
The Indian judiciary has actively promoted alternative dispute resolution (ADR) mechanisms, including mediation, through initiatives like mandatory pre-litigation mediation in commercial disputes and the establishment of mediation centers across the country. Judges are increasingly recommending mediation to expedite resolutions and ease the backlog in courts.
Conclusion:
Justice Surya Kant’s shift in perspective highlights the growing acceptance of mediation as a vital tool in the justice delivery system. His remarks underline the importance of embracing innovative dispute resolution methods to ensure access to justice and promote harmonious societal relationships.