Mediation must be the first choice, not the last resort: CJI Surya Kant

Vijayawada: "Mediation is not merely an alternative dispute resolution mechanism. It must become the preferred mode of delivering justice," said Chief Justice of India Surya Kant at a State Legal Services Authority symposium on mediation held in the city on Sunday.Addressing judges, mediators, legal professionals, and academics, the CJI emphasised that mediation is deeply rooted in India's civilisational ethos. "Justice is not always about declaring winners and losers. It is about healing differences and restoring relationships," he said. Referring to the Mediation Act, 2023, he noted that statutory recognition gave enforceability and credibility to mediated settlements.Drawing from mythology, he cited Lord Krishna's role in the Mahabharata as a mediator, underscoring how dialogue was always central to resolving conflicts. "In a system burdened with mounting litigation, mediation offers time-bound, cost-effective, and harmonious solutions," he observed. He stressed that trust in mediators and institutional backing from the judiciary are critical to the success of the movement.Five Supreme Court judges attended, including J K Maheshwari, P S Narasimha, Prashant Kumar Mishra, S C Venkatanarayana Bhatti, and Joymalya Bagchi, alongside judges of the Andhra Pradesh high court.Justice J K Maheshwari, who is also the chairperson of the Supreme Court Legal Services Committee emphasised that mediation represents "consensus, not conquest," and must be seen as the cornerstone of justice in India. He said true justice is not merely the declaration of rights or identifying winners and losers, but the healing of differences and preservation of relationships. Referring to Section 89 of the Civil Procedure Code and the Mediation Act, 2023, he noted that institutional mediation now has statutory strength and enforceability. Urging a shift from a litigation mindset, he said mediation ensures minimum cost, time, and stress, and called upon lawyers and govt alike to embrace dialogue as the first step towards dispute resolution.In a major policy push, AP high court Chief Justice Dheeraj Singh Thakur highlighted that low incentives were slowing the mediation movement. He proposed increasing the fee for successful mediation from Rs 3,000 to Rs 10,000 and introducing minimum payment for unsuccessful attempts. Sharing a personal anecdote from his tenure in Jammu and Kashmir, he recounted persuading a wealthy NRI not to litigate against his own brother. "Even if you suffer financial loss, don't lose your brother. That is a bigger loss," he said, illustrating the emotional satisfaction mediation brings.Chief minister N Chandrababu Naidu accepted the proposal. "If disputes are resolved amicably, Rs 10,000 is not an issue," he announced, assuring Rs 10,000 for successful mediation and Rs 1,000 for unsuccessful efforts. Naidu urged the CJI to allocate the National Judicial Academy in Amaravati and assured that he would allocate the necessary land for the project.Earlier, the CJI laid the foundation for the Andhra Pradesh Judicial Academy and a guest house for high court judges near the AP high court in Amaravati. He also inaugurated the judges' residential enclave.