Institute of Legal and Management Studies

At the 2nd National Mediation Conference held in Bhubaneswar on Saturday, Supreme Court judge Justice Surya Kant highlighted the transformative role of mediation in delivering justice that goes beyond court verdicts. Speaking at the inaugural session, he drew inspiration from the historic soil of Kalinga, remarking that true strength lies not in force but in dialogue that heals, restores, and unites.

“Contemporary disputes are rarely simple. Courts may provide legal answers, but the deeper currents of human conflict often remain unresolved. What people seek is not merely a verdict, but a pathway to move forward. Mediation offers that possibility, for it does more than resolve a case—it fosters solutions that endure,” Justice Kant observed.

Using the metaphor of “the mathematics of mediation”, he explained that while some disputes seem to admit no solution or only a single outcome, mediation opens the door to multiple possibilities. Recalling his tenure as a High Court judge, he cited the case of two brothers from Panipat locked in conflict over their inherited textile business. Through mediation, they realised that their true inheritance was not machinery but the bond built by their father. “That is the mathematics of mediation—it subtracts bitterness, divides burdens, and adds hope to the broken equations of human relationships,” he said.

Justice Kant stressed that while the Mediation Act, 2023 has provided a statutory foundation, “the true test of this Act will not be found in the text of its provisions, but in the trust it builds in the lives of our citizens.” He pointed out that cultural acceptance of mediation is already gaining ground, noting that clients increasingly insist on mediation before litigation, and law firms are recognising collaboration as a tool to preserve relationships rather than destroy them.

He also referred to the Supreme Court's recent initiative, “Mediation for the Nation”, a structured 90-day campaign aimed at resolving a wide spectrum of disputes through mediation.

Drawing from tradition, he recalled how elders once gathered beneath banyan trees to resolve conflicts in the spirit of harmony. “If trials deliver verdicts, mediation delivers futures, and the true measure of justice will lie not in cases decided, but in the peace it creates,” Justice Kant remarked.

Quoting the Rigveda“ संगच्छध्वं संवदध्वं , सं वो मन ंसस ज नत म्।” (Move together, speak together, let your minds be in harmony), he concluded that mediation embodies this ancient wisdom, turning disputes into dialogue and dialogue into peace.