Institute of Legal and Management Studies

The President of India, Droupadi Murmu, yesterday said that mediation not only speeds up the delivery of justice but also reduces the burden on courts. She also said that it fosters values essential to live harmoniously.

"Mediation fosters dialogue, understanding and collaboration. These values are essential for building a harmonious and progressive and it will lead to the emergence of a conflict-resilient and inclusive and harmonious society. I am sure the day is not far when mediation is embedded into the core of India's legal, social and economic systems."

The President was speaking at the First National Conference on the theme of 'Exploring the Efficacy and Reach of Mediation' in New Delhi. The event also marks the establishment of the 'Mediation Association of India'.

"Mediation, when we see it, becomes the key instrument to realise the vision of Vikshit Bharat by 2047. It was with this understanding that the Government, as a part of a series of government reforms, took steps to have a consolidated law on mediation. The result was the Mediation Act, 2023, which provides comprehensive recognition to the mediation process. It is aimed at unveiling the further evolution of a culture of alternative conflict dispute resolution...India has a long and rich tradition of judicial mechanisms in which such out-of-court settlements are more normal than the exception."

The event was graced by the Chief Justice of India, Sanjiv Khanna; Justice B.R. Gavai, Judge of the Supreme Court of India; Attorney General of India R. Venkataramani; Solicitor General of India, Tushar Mehta; Union Minister of Law and Justice, Arjun Ram Meghwal and Chairman of the Bar Council of India, Manan Kumar Mishra.

She also termed the institution of the Panchayat as "legendary" for fostering amicable resolution. Its endeavours were not only to resolve the dispute but also to remove the bitterness among the parties.

"It was a pillar of social harmony for us. Unfortunately, the colonial rulers ignored this exemplary legacy when they imposed an alien legal system on us. While the new system did have a provision for mediation and out-of-court resolution, the old tradition of alternative mechanisms did continue. But, there was no institutional framework for it. The new law blocks that loophole and has a number of provisions that will form the foundation of a vibrant and effective mediation ecosystem. "

Also read - Mediation Is Not A Lesser Form Of Justice, But Its Wiser Form : CJI Sanjiv Khanna

Law Students Should Be Trained With Soft Skills Essential For Effective Mediation : Justice BR Gavai