Mediation deeply rooted in collective conscience, says CJI

In the emerging situation, the CJI said, the growth of mediation brings its own set of challenges and gaps both in legal framework and institutional practices.
CJI BR Gavai, Governor Hari Babu Kambhampati and Chief Minister Mohan Charan Majhi at the second national mediation conference in Bhubaneswar.
CJI BR Gavai, Governor Hari Babu Kambhampati and Chief Minister Mohan Charan Majhi at the second national mediation conference in Bhubaneswar.Photo | Express
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BHUBANESWAR: Chief Justice of India (CJI) BR Gavai on Saturday said mediation should be cultivated as a practice of the people, for the people, empowering communities to take an active role in resolving disputes peacefully and collaboratively.

Speaking at the two-day-long second national mediation conference here, Gavai said mediation is rapidly evolving and increasingly becoming significant amid the growing battle of cases, long delays and often adverse nature of traditional court proceedings.

“Mediation is not entirely new to our societal and political experiences. Before the formal notification of the Mediation Act 2023, it was a vital part of our society and deeply rooted in our collective experiences. Unlike litigation which emphasises winning or losing, mediation focuses on dialogue, understanding and collaborative solutions,” he said.

In the emerging situation, the CJI said, the growth of mediation brings its own set of challenges and gaps both in legal framework and institutional practices. But it should not be viewed merely as a tool confined to the legal profession. Any dispute likely to affect peace, harmony and tranquility among the residents or families in any areas may be settled through community mediation with mutual consent of the parties, he advised.

Inaugurating the conference, Governor Hari Babu Kambhampati said mediation in its true spirit is not a modern invention, but a timeless practice rooted in dialogue and consensus, bridging divides, healing relationships and providing fair and lasting solutions.

“Disputes have become increasingly complex in the fast-paced and rapidly transforming world. For mediation to truly flourish, it must inspire trust, instill confidence and foster a sense of ownership among all stakeholders,” he said.

Chief Minister Mohan Charan Majhi reiterated Odisha’s commitment to judicial reforms and alternative dispute resolution. “Mediation rests on four vital elements - cost effectiveness, confidentiality, control and creativity. These four Cs are immensely valuable for both parties to a conflict, offering them solutions that are fair, affordable and harmonious,” he said.

Majhi asked the state Law department to immediately send the recommendations that will come up during the sessions to the CMO. This will ensure that the system is made more accessible, trusted and respected by the people, he said.

While Law minister Prithiviraj Harichandan applauded the joint efforts of judiciary and government in promoting mediation nationwide, Chief Justice of Orissa High Court Harish Tandon informed that the state has taken meaningful steps to expand mediation services.

Justice Surya Kant of Supreme Court, attorney general R Venkataramani, solicitor general Tushar Mehta and advocate general of Odisha Pitambar Acharya also spoke.

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