Mediation Should Not Remain Confined To Legal Profession, Must Be Cultivated As A Community Practice: CJI Gavai

Delivering the inaugural address at the 2nd National Mediation Conference held in Bhubaneswar on September 27, 2025, Chief Justice of India B.R. Gavai underscored the need to cultivate mediation as a practice beyond the legal profession, extending into community life as a means of resolving disputes peacefully and collaboratively.Highlighting the Mediation Act, 2023, the CJI noted that mediation has now been formally recognized and institutionalized as a dispute resolution mechanism. Unlike litigation, which is adversarial and focused on victory, mediation fosters dialogue, collaboration, and mutual understanding, enabling parties to retain control over both process and outcome.“Conflict, when approached constructively, can become an opportunity for growth and understanding. Mediation and open communication offer a path to transform discord into dialogue, turning tension into collaboration and restoring harmony,” Justice Gavai remarked."Beyond the structured sessions of this conference, it is important to recognize that mediation should not be viewed merely as a tool confined to the legal profession. As I narrated, historical and social experience shows that mediation has long been a practice embedded in public life and community interactions. 14. In this regard, Section 43 of the Mediation Act, 2023 is particularly significant. It provides that “any dispute likely to affect peace, harmony and tranquillity amongst the residents or families of any area or locality may be settled through community mediation with prior mutual consent of the parties to the dispute.” This provision underscores that 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."Historical Roots of MediationCJI Gavai reminded that mediation is not alien to Indian society. Even during the freedom struggle, leaders resolved ideological differences through dialogue and consensus-building. This, he said, demonstrates that the principles of mediation—patience, understanding, and reconciliation—are timeless tools that can address even the most complex conflicts.Community MediationEmphasizing Section 43 of the Mediation Act, 2023, which provides for community mediation, the CJI observed that disputes likely to affect peace and harmony in localities could be settled through this mechanism with prior mutual consent. He suggested that Legal Services Authorities should play a key role in popularizing mediation at the grassroots level.The CJI further proposed that training modules, like the 40-hour program developed by NALSA for judges and advocates, could be adapted for ordinary citizens, made accessible in regional languages, and simplified for community use. “By equipping common people with the knowledge and tools of mediation, we can foster a culture where disputes are reBuilding a Mediation EcosystemThe CJI underlined that the success of mediation will depend on sustained practice, cultural acceptance, and institutional support rather than on a single law or conference. He highlighted the need for capacity-building, professional standards, accreditation of mediators, and quality assurance mechanisms to promote transparency and public trust.“The future of mediation will be determined by the commitment of judges, lawyers, mediators, community leaders, and ordinary citizens alike to embrace dialogue and collaborative solutions over confrontation,” Justice Gavai observed.In conclusion, he stressed that disputes themselves do not disturb peace, but the refusal to listen and empathize does. He urged that mediation must be embraced as a trusted, integral part of India's justice delivery system as well as community life.

Mediation Should Not Remain Confined To Legal Profession, Must Be Cultivated As A Community Practice: CJI Gavai

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