CJI Surya Kant advocates for mediation as India's "first recourse" at International ADR Conference 2026
New Delhi, August 7
Chief Justice of India Surya Kant on Friday attended the International ADR Conference 2026, held at the Delhi High Court under the theme "ADR Pathways to Legal Harmony."
Highlighting the evolution of Alternative Dispute Resolution (ADR) and the Mediation Act of 2023 in transforming India's legal landscape, CJI Surya Kant noted that the country now possesses its first standalone statutory architecture for mediation.
He emphasised that this framework recognises party autonomy in choosing mediators and procedures, grants mediated settlement agreements a status comparable to civil court decrees, and incorporates timelines balancing thoroughness with urgency.
"...Nowhere is this evolution more visible or more consequential than here in India. You have the Mediation Act of 2023 now. For the first time, a standalone statutory architecture for mediation, recognising party autonomy in the choice of mediator and procedure, granting mediated settlement agreements a status close to that of a civil court decree, and building in timelines that honour both thoroughness and urgency," said CJI Surya Kant.
Furthermore, he pointed out that Section 12A of the Commercial Act established pre-litigation mediation as obligatory for numerous commercial disputes, signalling well ahead of the 2023 Act that mediation was intended as a primary recourse rather than a final option.
"Section 12A of the Commercial Act had already made pre-litigation mediation obligatory for a wide category of commercial disputes, a firm signal well ahead of the 2023 Act that mediation was meant to be the first recourse rather than the last resort," he added.
The CJI expressed strong confidence in India's potential to emerge as a genuine global centre for mediation.
"There is no reason, therefore, why India cannot establish herself as a genuine centre of mediation for the global community...," added the CJI.
— ANI
Reader Comments
This is excellent news for businesses. Commercial disputes can drag on for years, and Section 12A making pre-litigation mediation mandatory is a smart move. It saves time, money, and relationships. Kudos to the CJI for pushing this agenda.
Good to see India moving towards alternative dispute resolution. But the real challenge is awareness at the grassroots level. Common citizens still think of courts as the only option. Awareness campaigns are essential for this to work effectively.
Interesting take from CJI Surya Kant ji. The emphasis on party autonomy is particularly refreshing. Lets hope we don't create a parallel system with too much bureaucracy. The simpler it is, the more effective it will be.
Apple of my eye, this! Being a small business owner, I know how painful commercial litigation can be. Mediation means faster justice and less financial bleeding. The new provisions under the Commercial Act are already helping. 👏
While I appreciate the push for ADR, I'm a bit skeptical about mandatory mediation. Not all disputes can be resolved amicably, especially in cases involving power imbalances or bad faith. The law needs enough flexibility to ensure genuine mediation, not just forced sessions.
S Siddharth J < We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.