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CJI Surya Kant: Mediation is Psychological, India Can Be Global Mediation Centre
Chief Justice of India, Justice Surya Kant, delivered a visionary address at the International ADR Conference, 2026, in New Delhi, asserting that India is poised to become a global hub for mediation. Speaking to an audience of legal professionals, arbitrators, and academics, the CJI emphasised that the core of effective mediation lies in its inherently psychological nature—a factor that must be fully understood and harnessed if India is to lead the world in .
Justice Surya Kant underscored that the of mediation is “deeply psychological,” and that this human dimension is what sets it apart from adversarial proceedings. He argued that when parties feel a sense of ownership over the outcome, they are far more likely to honour the resulting agreement. This principle, he noted, has been consistently validated by research across jurisdictions—mediation participants who help craft their own solutions are more committed to compliance than those who have settlements imposed upon them.
The CJI’s remarks come at a critical juncture for Indian dispute resolution. Over the past two decades, mediation has undergone a remarkable transformation in India, moving from a peripheral concept to a mainstream legal tool. Institutional mediation centres now operate with trained professionals, case managers, secure digital platforms, and online dispute resolution systems that allow parties from different countries to resolve disputes efficiently. Most notably, hybrid processes such as are emerging, combining the rigour of arbitration with the collaborative spirit of mediation.
In his keynote at the conference organised by , the Chief Justice made a compelling case for India’s potential to become a genuine global centre for mediation. “There is no reason why India cannot establish itself as a genuine centre of mediation for the global community,” he said, adding that the nation’s astronomical growth demands a state-of-the-art dispute resolution framework that keeps pace with its development.
The Psychological Core of Mediation
Justice Surya Kant elaborated on the psychological underpinnings of mediation, a perspective often overlooked in legal discourse. He explained that the process is not merely a mechanical exercise in negotiation, but a deeply human interaction that requires empathy, active listening, and cognitive flexibility. When parties feel heard and understood, they are more likely to collaborate on a solution that meets their underlying interests, rather than simply fighting over legal positions.
The CJI’s observation carries profound implications for how mediators are trained and how mediation is practised. Legal professionals must recognise that the success of mediation hinges on their ability to navigate the emotional and psychological dynamics of conflict. This is particularly relevant in cross-border and commercial disputes, where cultural differences and varying communication styles can complicate the process.
He also pointed to research across jurisdictions that consistently shows people are more likely to honour agreements they have helped formulate—a finding that underscores the importance of party participation in the mediation process. This psychological dimension is what gives mediation its unique power to produce durable and lasting settlements.
A Decade of Transformation: The Mediation Act 2023
The Chief Justice traced the evolution of mediation in India, highlighting the landmark , which for the first time provided a standalone statutory architecture for mediation. This legislation recognises in the choice of mediator and procedure, grants mediated settlement agreements a status close to that of a decree, and builds in timelines that honour both thoroughness and urgency.
“It is heartening that the institutions in India are already beginning to take shape,” the CJI said, “and there is every reason to believe they can facilitate complex, cross-border mediations with the same confidence that international parties employ in commercial dispute resolution worldwide.” The Act’s provisions on confidentiality, enforceability, and the limited grounds for challenging settlement agreements align India with global best practices.
Before the Act, mediation in India operated under various piecemeal rules and often lacked a uniform legal framework. The new law fills that gap, providing clarity on the enforceability of mediated settlements and establishing institutional mechanisms for their registration and execution. This legal certainty is crucial for attracting international parties who require predictable outcomes.
Hybrid Processes: The Best of Both Worlds
One of the most innovative developments highlighted by the CJI was the emergence of hybrid processes such as . This approach begins with mediation, allowing parties to find common ground. If a deadlock persists on a specific issue, an arbitrator intervenes briefly to resolve it, after which the parties return to mediation to integrate that decision into a more comprehensive and lasting settlement.
“This method combines arbitration's rigour with mediation's sense of ownership,” Justice Surya Kant observed. “It shows that the field is evolving not as a competition between techniques but as a careful integration of both.” Such hybrid models offer significant advantages: they preserve the collaborative environment of mediation while providing a safety net for issues that cannot be resolved through consensus alone.
The CJI’s endorsement of hybrid processes signals a pragmatic approach to dispute resolution—one that prioritises outcome efficiency without sacrificing party control. For legal practitioners, this means developing expertise in both mediation and arbitration, and knowing when to move seamlessly between the two.
Building a Global Mediation Infrastructure
Justice Surya Kant stressed that India’s ambition to become a global mediation centre requires more than just legal provisions; it demands world-class infrastructure. This includes the physical spaces for hearings, robust digital platforms for online mediation, and a cadre of highly skilled mediators who can handle matters of international complexity.
He noted that institutional mediation centres in India are already functioning with trained professionals, case managers, and secure digital systems. Online dispute resolution platforms enable parties in different countries to resolve disputes efficiently, breaking down geographical barriers. The next step is to scale these capabilities and integrate them into a cohesive national framework.
The CJI’s vision extends to the legal fraternity as a whole. “I truly hope that in the future, our fraternity, as one body, can carry this vision forward together: to strengthen the ADR framework we already have, to build upon it something that lasts, and to help India take her place among the true frontrunners of this field, worldwide,” he said.
This call to action resonates with legal educators, professional bodies, and the judiciary. It suggests a collaborative effort to embed ADR principles in law school curricula, to provide continuous professional development for practising lawyers, and to foster a culture that values consensual resolution over adversarial confrontation.
Implications for Legal Practice
The CJI’s address has immediate implications for legal practitioners. First, it reinforces the importance of understanding the psychological dimensions of negotiation and mediation. Lawyers who can guide their clients through the emotional aspects of conflict resolution will be better equipped to achieve successful mediations.
Second, the Mediation Act 2023 expands the toolkit available to litigators. Knowing when to recommend mediation, how to structure mediated agreements effectively, and how to enforce them will be essential skills. The Act’s provision giving mediated settlement agreements near-decree status means that a well-drafted mediated outcome can be enforced with minimal friction.
Third, hybrid processes like require lawyers to think beyond traditional silos. They must be prepared to advocate effectively in both mediation and arbitration, and to strategise about the optimal sequence of these processes.
For in-house counsel and corporate legal teams, the development of a robust Indian mediation infrastructure offers a cost-effective and time-efficient alternative to litigation. Cross-border disputes can be resolved without the delays and uncertainties of court proceedings, making India an attractive seat for international arbitration and mediation.
A Global Centre for Mediation?
The CJI’s confidence in India’s potential to become a global mediation centre is not without basis. India’s common-law heritage, its large pool of English-speaking legal talent, and its recent legislative reforms position it well. However, challenges remain—including the need for consistent quality in mediator training, effective case management, and international marketing.
The establishment of institutions like the indicates that civil society is already investing in this vision. The conference itself brought together experts from around the world, signalling a growing recognition of India’s role in the global ADR ecosystem.
Justice Surya Kant’s emphasis on the psychological nature of mediation serves as a reminder that the success of any ADR framework ultimately depends on human factors. As India builds its infrastructure and legal capacity, it must not lose sight of the core principle that justice, whether adjudicated or mediated, is a profoundly human process.
Conclusion
Chief Justice Surya Kant’s speech at the International ADR Conference, 2026, offers a clear roadmap for India’s ascendance as a global leader in mediation. By embracing the psychological dimensions of conflict resolution, leveraging the Mediation Act 2023, and fostering hybrid processes, India can provide a dispute resolution model that is both efficient and humane. The legal community must now rally behind this vision, investing in skills, infrastructure, and a collaborative spirit. The CJI’s words are not just an observation—they are a call to action for a global future in which India stands at the forefront of dispute resolution.
