Justice Vikram Nath, a sitting judge of the Supreme Court, urged that the recognition of trained mediators should be valid across all courts and not confined to a single centre or court‑annexed programme. Speaking at the 1st Supreme Court Bar Association National Conference on ‘Reimagining Judicial Governance: Strengthening Institutions for Democratic Justice’, he highlighted mediation as a vital tool to curb the mounting pendency in Indian courts.
Key Developments
- Justice Nath emphasized that limiting mediator recognition to a specific programme creates fragmentation and discourages professionals.
- He clarified common misconceptions: mediation is not merely “splitting the difference” or compromise, but seeks an equilibrium where both parties gain.
- He underscored mediation’s human‑centred nature, especially important amid growing AI influence in law.
- As head of the MCPC, Justice Nath reported integration of law colleges in mediator training and praised the Mediation Act, 2023.
- He cited data from High Courts indicating that over 2,33,00,000 pending cases are suitable for mediation.
Important Facts
The conference featured senior judiciary members, the Attorney General R. Venkataramani, and renowned mediator Sriram Panchu. Justice Nath highlighted two major challenges: (i) parties employing dilatory tactics, and (ii) the need for better training and institutional support for mediators.
He noted that in long‑standing disputes, parties often seek acknowledgment of their sacrifices rather than a monetary award—an outcome more achievable through mediation than courtroom adjudication.
Exam Relevance
Understanding mediation is essential for GS2 (Polity) and GS4 (Ethics) as it reflects the evolving mechanisms of dispute resolution in India’s justice system. The push for uniform recognition of mediators aligns with the broader agenda of judicial reforms, access to justice, and de‑congestion of courts—key themes in the UPSC syllabus.
Way Forward
- Adopt a unified national registry for certified mediators to ensure cross‑jurisdictional recognition.
- Strengthen mediator training by mandating modules in law colleges and continuous professional development.
- Introduce monitoring mechanisms to curb dilatory tactics and ensure timely settlements.
- Leverage technology, including AI‑driven case triage, to channel suitable disputes to mediation early in the litigation process.
By institutionalising these steps, mediation can significantly reduce the backlog, promote amicable settlements, and uphold the human element in justice delivery.