In Goa, CJI says mediation isn’t sign of weakness, but empowerment of litigant

Margao: CJI Surya Kant on Friday outlined his vision for transforming India’s courts into “multi-door courthouses”, where litigation would no longer be the default route for resolving disputes.“As we look towards the horizon, I envision a transition towards the multi-door courthouse. The court should not remain a singular venue for trials, but become a comprehensive centre for dispute resolution,” Justice Kant said during the inaugural session of the Bar Council of India’s national conference and symposium on mediation in Sancoale. He said that when litigants approach courts, they should find multiple pathways — mediation, arbitration, and ultimately litigation — each tailored to their specific grievance.Emphasising the growing importance of alternative dispute resolution, the CJI said that “mediation is not a sign of the law’s weakness, but its highest evolution. It’s a true transition from a culture of adjudication to a culture of participation where we cultivate harmony”.Calling the multi-door court concept the “ultimate empowerment of litigants”, Justice Kant said it promotes participation and harmony rather than adversarial adjudication alone. He said that while mediation and arbitration would handle many disputes, the judicial system would remain prepared for fair litigation trials when necessary. “By guiding clients to their multiple doors, a lawyer becomes a strategic architect of peace,” he said.After administering the ‘Oath of Mediation’ to participants, the CJI, describing mediation as a cause close to his heart, drew a vivid contrast: “Litigation is often the autopsy of a dead relationship. Mediation, on the contrary, is the remedial surgery that seeks to preserve the living pulse of a connection.”Justice Kant stressed that mediation’s success depends largely on mediators understanding not just language, but local dialects, expressions, and cultural contexts of the parties involved. He said that while India currently has around 39,000 trained mediators, effective implementation of mediation across all judiciary levels requires over 2.5 lakh trained professionals.The CJI said that mediation training must be undertaken carefully, as “the temperament, behaviour, compassion, passion, commitment and devotion of a mediator make a crucial difference” in achieving successful outcomes.The conference, held at the India International University of Legal Education and Research, was also attended by chief minister Pramod Sawant, several Supreme Court judges, Bombay high court Chief Justice S Chandrasekhar and Bar Council of India chairman Manan Kumar Mishra.Earlier in the day, speaking at a walkathon organised at Panaji to build awareness for the initiative, the CJI said that the apex court successfully persuaded high courts and district courts across the country to identify specific matters that can be diverted for mediation.“We have been able to persuade our high courts, our district courts to identify certain matters which could be sent for mediation and this is an ongoing process. It will not come to an end. It will continue for the old cases and it will continue for the fresh cases also,” said Justice Kant.According to Justice Kant, the success rate for mediation saw an increase of more than 30% in the last few years.