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Justice Amanullah: Grassroots Mindset Shift Key to Unlocking Mediation's Potential

Supreme Court Justice Ahsanuddin Amanullah emphasized that for mediation to gain widespread adoption in India, a fundamental change in public mindset and grassroots confidence-building is essential. He clarified that mediation must not be conflated with arbitration and should operate as a parallel system to traditional litigation, serving both party and national interests. Justice N. Kotishwar Singh added that mediation represents a reclamation of India's ancient wisdom of resolving disputes through dialogue and reconciliation, rather than conflict. The conference, attended by top judicial figures, reinforced mediation's growing significance as a vital tool for accessible and satisfactory dispute resolution.

Key Points: Supreme Court on Mediation: Mindset Change Needed at Grassroots

  • Mindset change needed
  • Build grassroots confidence
  • Mediation vs. arbitration distinct
  • Parallel to judicial system
3 min read

Grassroots confidence building and mindset must change to strengthen mediation: Justice Amanullah

Supreme Court Justices call for a grassroots mindset shift to build public confidence in mediation, distinguishing it from arbitration and litigation for national interest.

"Mediation is not a concept being newly adopted, but wisdom being reclaimed. - Justice N. Kotishwar Singh"

New Delhi, December 27

While delivering a valedictory address on Saturday, Supreme Court Judge Justice Ahsanuddin Amanullah said that for mediation to become a widely adopted practice in the country, there must be a change in mindset and that confidence must be built among the public at the grassroots level.

Justice Amanullah was addressing the gathering at valedictory session of the two-day National Conference and Symposium organised by the Bar Council of India (BCI) and the BCI Trust at the India International University of Legal Education and Research (IIULER), Goa.

Justice Amanullah observed that people often conflate mediation and arbitration, though the two are fundamentally different. A mediator, he said, cannot function with the mindset of an arbitrator, IIULER stated in a press release.

He emphasised that a successful resolution of a dispute through the mediation process gives immense satisfaction to the mediator.

People want to resolve disputes through mediation, as no one wishes for litigation or adversarial court processes to be carried forward across generations merely to conclude, he added.

Justice Amanullah stressed that there should be no overlapping between mediation and the normal judicial system; the two should function in parallel. Confidence must be built at the grassroots level that mediation serves not only the interests of the parties involved but also the national interest, press release said.

He lauded initiatives such as organising mediation seminars at IIULER, noting that over 11 hours of fruitful deliberations took place through panel discussions, policy roundtables, training programmes, and technical sessions. He acknowledged that, while there are hurdles, expanding the scope of mediation should not wait for ideal conditions.

Speaking at the valedictory session, another Supreme Court Judge, Justice N. Kotishwar Singh, said that long before courts, statutes, and even the word "mediation" entered the legal vocabulary, India resolved disputes through conversation, conscience, and community.

He noted that this valedictory moment affirmed that justice in India is strongest when it pursues reconciliation without declaring a winner or a loser. Mediation, he said, is not a concept being newly adopted, but wisdom being reclaimed.

While emphasising the significance of mediation, Justice Kotishwar referred to the saying the Lord Buddha, " a conflict can't be resolved through another conflict, but through humility."

Presenting the conference report, Bar Council of India Chairman Manan Kumar Mishra stated that over the two days, the conference attended by the Chief Justice of India, Justice Surya Kant, Chief Minister of Goa, Dr. Pramod Sawant, six other Supreme Court judges, several High Court judges, academicians, lawyers, and law students effectively addressed the core aspects of mediation and conveyed a clear national message on its growing significance in the present-day context, press release said.

- ANI

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Reader Comments

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Rohit P
Building confidence at the grassroots is the key. In my mohalla, property disputes between families drag on for decades in courts, ruining relationships and finances. If people truly understood mediation could offer a dignified exit, they'd embrace it. The mindset shift has to start with us.
M
Michael C
As someone from outside India, it's fascinating to see this emphasis on parallel systems. The idea that mediation serves the national interest by reducing court burden is compelling. More countries should look at this holistic view.
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Aman W
While I appreciate the sentiment, I respectfully disagree that we shouldn't wait for ideal conditions. Rushing mediation without proper trained mediators and clear legal frameworks at the district level could do more harm than good. Let's build the foundation strong first.
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Shreya B
Absolutely! My chacha and tau had a business dispute. 5 years in court, lakhs spent, only bitterness remained. Finally, a retired teacher in our colony mediated. They shook hands. That's the real 'win'. We need to promote these success stories more. 👏
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Karthik V
The reference to Buddha's saying is profound. "A conflict can't be resolved through another conflict." Our courts, by design, are adversarial. Mediation brings in humility and conversation. Hope law students attending such conferences carry this ethos forward.

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