Supreme Court judge Justice Surya Kant has highlighted the essential role of mediation in contemporary dispute resolution, stressing that its true value lies not merely in being an alternative to litigation but in embodying principles such as empathy, dignity, and creativity. Speaking about his own journey with the concept, Justice Kant recalled that during his years of practice as a lawyer, he did not initially recognize the depth and significance of mediation. It was only after ascending to the bench that he began to appreciate its transformative potential within the justice delivery system.
According to him, mediation stands apart from traditional litigation by empowering the parties involved to take control of the resolution process. Unlike adversarial court proceedings, where outcomes are imposed by judicial authority, mediation gives disputants the ability to craft solutions that are tailored to their circumstances, while ensuring that their dignity and voice are preserved. This participatory nature of mediation, he emphasized, humanizes justice by acknowledging the personal and emotional dimensions of disputes that often remain unaddressed in purely legal settings.
Justice Kant observed that empathy is a cornerstone of mediation. Mediators are tasked not simply with steering parties toward compromise but with understanding their concerns, fears, and motivations. This empathetic approach enables resolutions that go beyond technical settlements to address the root causes of conflict. Similarly, dignity is preserved in mediation because participants are treated with respect and given space to articulate their positions without being subjected to the rigid structures of courtroom arguments. Creativity, too, plays a critical role, as it allows mediators and parties to explore innovative solutions that the formal legal framework might not permit.
Reflecting on his judicial experience, Justice Kant noted that mediation helps reduce hostility between parties and strengthens the possibility of long-term reconciliation. He explained that while courts are constrained by statutes and precedents, mediation provides an opportunity to balance strict legal positions with human realities. It therefore enables more holistic resolutions that sustain relationships rather than sever them, which is particularly important in cases involving family disputes, commercial disagreements, or community conflicts.
Justice Kant also underscored the importance of training and preparation in the effective practice of mediation. He recalled that when steps were taken to introduce mediation, emphasis was placed on ensuring that professionals received proper training to handle the process with sensitivity and competence. Such training is essential, he stated, because mediators must be able to balance legal knowledge with interpersonal skills, creating a safe and constructive environment for negotiation.
Through his remarks, Justice Kant reinforced the judiciary’s growing recognition of mediation as a central pillar in the evolving justice delivery framework. He made it clear that mediation should not be seen as a secondary or inferior process but as a vital mechanism that can ease the burden on courts while delivering justice that is humane, participatory, and tailored to the needs of the parties. His observations reflect a broader judicial vision of embedding empathy, dignity, and creativity into the legal system, ensuring that justice is not only delivered but also felt by those who seek it.
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