Mediation delivers true justice by addressing root cause of dispute: CJI Sanjiv Khanna

Chief Justice of India Sanjiv Khanna on Saturday advocated for mediation saying it addressed the root cause of a dispute and delivered true justice.

Speaking at the launch of Mediation Association of India, CJI Khanna said that in court adjudication, the root cause of a dispute remained unaddressed, whereas mediation provided a holistic solution, which restored relationships and healed animosities. Since the solution provided through mediation was more humane and less traumatic, it was acceptable to all parties.

Terming mediation as a wider form of justice, the CJI said that the country’s founding fathers envisaged that provisions ought to be made for securing social justice in the Indian Constitution. 

Noting that the Preamble categorically stated that endeavours must be made to secure justice, economic, social and political, for the people, the CJI said that social justice could be easily achieved through mediation.

Stressing on the significance of Section 43 of the Mediation Act, which provided community mediation, CJI Khanna said local disputes could be resolved effectively through this provision. He cited the example of the Sambhal Jama Masjid case, in which a Bench led by him advised the Uttar Pradesh administration to explore community mediation under Section 43 to address communal tensions in the area.

Emphasising the role of mediation in dispute resolution over the past two decades, he said between 2016 and early 2025, as many as 7,57,173 cases were resolved through mediation.

The CJI, however, pointed out that mediation was yet to reach the homes and the villages. It was still at the periphery. 

Acknowledging that India has been slow in arriving at mediation and understanding its importance, the CJI said it should be the goal of the judiciary to show every litigant and citizens of the country that mediation was not a lesser, but a wiser form of justice.

Justice BR Gavai, the Chief Justice of India-designate, called on law schools to teach their students the soft skills needed for mediation beyond the textbooks of law.  He noted that mediation, above all, meant active listening, empathy and that it was a human process which goes beyond books.

Justice Gavai said the Mediation Association of India, under the Attorney General of India’s leadership, aspires to be an inclusive platform that would bring together various stakeholders to fulfil its vision.

Solicitor General of India Tushar Mehta said mediation should be looked at as a primary mode of resolving disputes and take the nastiness away from courtroom battles to amicable resolutions in a collaborative manner.

President Droupadi Murmu was the Chief Guest at the event. Attorney General of India R. Venkataramani and Union Law Minister Arjun Ram Meghwal also spoke at the event.

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