CJI Gavai Calls for Democratizing Mediation, Urges Shift from Legal Confines to Community Roots

BHUBANESWAR, INDIA – In a significant address that signals a major judicial push towards mainstreaming alternative dispute resolution, Chief Justice of India B.R. Gavai has called for the "democratization" of mediation, urging its evolution from a tool for legal professionals into a widespread community practice for peaceful conflict resolution. Speaking at the 2nd National Mediation Conference on September 27, 2025, the CJI championed the new Mediation Act, 2023, particularly its provisions for community-led settlements, as a cornerstone for building a more harmonious society and easing the burden on the traditional justice system.

The CJI’s address serves as a clear directive to the legal fraternity, policymakers, and civil society to build an ecosystem where mediation is not merely an alternative, but a primary and trusted mechanism for resolving disputes. He positioned this vision as a return to India's historical and cultural roots, where dialogue and consensus have long been embedded in the collective conscience.

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The Legal Impetus: The Mediation Act, 2023

At the heart of CJI Gavai's discourse was the Mediation Act, 2023, which he lauded as a landmark piece of legislation that has formally institutionalized and recognized mediation. He drew a sharp contrast between the adversarial nature of litigation, which is inherently focused on a "win-lose" outcome, and the collaborative ethos of mediation.

“Unlike litigation which emphasises winning or losing, mediation focuses on dialogue, understanding and collaborative solutions,” Justice Gavai stated, emphasizing that mediation empowers parties by allowing them to retain control over both the process and the final outcome.

The Chief Justice placed particular emphasis on a pivotal, yet perhaps under-discussed, provision of the new law: Section 43. This section provides the statutory framework for community mediation. Justice Gavai quoted the section directly to underscore its importance:

“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, he argued, is the key to transforming mediation from a professional service into a societal norm. "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," he added. For legal practitioners, this highlights a potential new frontier of practice and a shift in how local-level disputes—from property disagreements to family conflicts—may be approached before they escalate to formal litigation.

From Courtrooms to Communities: A Call for Grassroots Implementation

The CJI's vision extends far beyond simply referring court cases to mediation centres. He advocated for a proactive, grassroots approach to popularize mediation, assigning a critical role to the Legal Services Authorities, such as the National Legal Services Authority (NALSA).

He proposed a concrete plan for capacity-building among ordinary citizens. Pointing to the success of the 40-hour training program developed by NALSA for judges and advocates, Justice Gavai suggested this model could be adapted and simplified for a lay audience. He called for these training modules to be made accessible in regional languages to ensure wide reach.

“By equipping common people with the knowledge and tools of mediation, we can foster a culture where disputes are re[solved]... collaboratively,” he remarked. This initiative, if implemented, could create a new cadre of community mediators, fundamentally altering the landscape of local justice delivery and potentially reducing the influx of cases into the lower judiciary. Lawyers and law firms may find new opportunities in training, certifying, and advising these community mediators and the organizations that support them.

Building a Robust Mediation Ecosystem

While championing the cultural and social aspects of mediation, the Chief Justice did not neglect the institutional framework required for its success. He cautioned that a single law or conference would be insufficient. The long-term viability of mediation, he stressed, depends on a multi-pronged strategy encompassing:

• Sustained Practice and Cultural Acceptance: Moving beyond seeing mediation as a "soft option" to embracing it as a primary and effective method of resolution.
• Capacity-Building: Comprehensive training for a diverse pool of mediators, including legal professionals and community leaders.
• Professional Standards and Accreditation: Establishing clear benchmarks for mediators to ensure quality, impartiality, and ethical conduct.
• Quality Assurance Mechanisms: Implementing systems for oversight and review to build and maintain public trust and transparency.

“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. This is a call to action for the entire legal ecosystem—from bar councils to law schools and judicial academies—to integrate mediation more deeply into their training and practice.

A Return to Timeless Principles

CJI Gavai framed his call not as a radical new idea, but as a revival of timeless Indian traditions. He reminded the audience that mediation and dialogue are not alien concepts, citing the consensus-building efforts of leaders during India's freedom struggle to resolve profound ideological differences.

He argued that the core principles of mediation—patience, empathy, and a focus on reconciliation—are powerful tools capable of addressing even the most complex conflicts. “Conflict, when approached constructively, can become an opportunity for growth and understanding," he noted. "Mediation and open communication offer a path to transform discord into dialogue, turning tension into collaboration and restoring harmony.”

In his concluding remarks, the CJI delivered a profound observation on the nature of peace itself. He stressed that it is not the existence of disputes that disturbs social harmony, but the "refusal to listen and empathize." His final plea was for the legal and civic communities to embrace mediation as an integral, trusted, and indispensable part of both India's justice delivery system and its community life. For legal professionals, the message is clear: the era of mediation is not just coming; it is a present and urgent priority, championed from the highest judicial office in the country.