Top Jurists and AG Venkataramani Champion Mediation as India's Path to 'True Justice'

A coordinated and powerful call to elevate mediation from an alternative to a primary mechanism for dispute resolution is resonating from the highest echelons of India's legal and political establishment. From the Supreme Court to the Attorney General's office, a consensus is emerging that the nation's deeply entrenched adversarial system must yield to a more collaborative, healing, and efficient model of justice. This movement, underscored by events like the "Mission Mediation Conclave 2025" and a "Justice for All" run, signals a profound cultural and procedural shift for the Indian legal landscape.

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A Gladiator's Plea for Mediation

In a striking admission of the limitations of his own role, Attorney General for India, R Venkataramani, described himself as "more a gladiator than a mediator" but passionately urged the legal fraternity to embrace mediation as a national mission. Speaking at the Mission Mediation Conclave 2025 in New Delhi, the AG articulated a vision where the confrontational nature of litigation gives way to consensual problem-solving.

"The adversarial system which has caught on us for a long time must slowly yield because it cannot hold on for long," Venkataramani declared. "It must yield. And as soon as it yields, I think, good for all of us."

The AG reflected on his own efforts to mediate between the government and the Court, a task he described as sometimes successful and other times met with "a lot of dissatisfaction." This experience, he suggested, highlights the need for a conscious mental shift away from a litigation-first mindset. He questioned the historical undervaluation of mediation, recalling its effectiveness for vulnerable litigants during his early days as a legal aid lawyer.

Championing India's potential on the global stage, Venkataramani revealed he had floated the idea of making "India the headquarters of an international global mediation association" to Prime Minister Narendra Modi, who had reportedly "quietly nodded" in response.

The Judiciary's Role: Facilitator, Not Coercer

The judiciary's evolving role in this new paradigm was a central theme, with senior judges emphasizing a facilitative rather than coercive approach. At the same conclave, Delhi High Court's Justice Tejas Karia stressed that while judges must identify commercial disputes suitable for mediation, their function is to guide, not force, a settlement.

“Judges must open the door, not push the parties through it,” Justice Karia stated, adding that “a settlement achieved under pressure is no different from a judgment imposed."

This sentiment was echoed by SCBA President Vikas Singh during the Supreme Court's "Justice for All" run. He offered a philosophical critique of the litigation process, arguing that a court-mandated victory does not equate to holistic justice.

“Even if all cases are decided, it will not be justice for all, because the winning side will feel it got justice, but the losing side will not. True justice can only be achieved through mediation, where both parties are heard and consensus is built rather than conflict,” Singh said.

This perspective aligns with remarks from CJI-designate Justice Surya Kant, who, during the same event, described mediation as the only means to ensure true justice for all parties involved.

Institutionalizing Mediation: From Charity to Profession

For mediation to become a cornerstone of the justice system, it requires robust institutional support and must be recognized as a commercially viable profession. This was a key focus at the Mission Mediation Conclave, which brought together legal professionals to discuss the practical challenges and opportunities in commercial mediation.

Ganesh Chandru, a partner at Dua Associates, argued forcefully against the perception of mediation as charitable work. “While the cause of Mediation is to be cherished, it should not be mistaken as charitable work; rather, it has to be treated as a commercially viable mechanism for settlement of business disputes,” he asserted. Chandru also called for a narrative shift to recognize the crucial role of lawyers at the mediation table, stating that the profession will "only begin to taste success in private commercial mediation" once this happens.

Justice Karia built on this by highlighting the growing demand for mediators with deep, sector-specific expertise in fields like technology, infrastructure, and financial services. Such specialists, he noted, can "communicate in language that parties appreciate," leading to better outcomes. He advocated for creating specialized rosters of mediators and strengthening the entire ecosystem through structured training, capacity-building, and data-driven analysis of referral trends and settlement rates. “A judiciary that learns from its own data is one which grows with precision,” he remarked.

Government Backing and Grassroots Implementation

The push for mediation has also received strong backing from the executive branch. At a National Legal Services Authority (NALSA) event, Prime Minister Narendra Modi launched a community mediation module, emphasizing that justice must be accessible, timely, and rendered in a language people understand.

“Mediation has always been a part of our civilization. The new Arbitration Act advances this tradition in a modern way,” the Prime Minister stated, reinforcing the government's commitment to reviving dialogue-based dispute resolution.

This reformist zeal runs parallel to other major changes in the legal system, such as the implementation of three new criminal laws. At a national conference on these laws, Union Home Secretary Govind Mohan highlighted a similar focus on efficiency, transparency, and technology, with initiatives like e-Sakshya (electronic evidence) and e-Summons. The parallel movements in civil and criminal law reform suggest a broader, systemic effort to modernize India's entire justice delivery framework.

Implications for the Legal Profession

The collective advocacy from the judiciary, the government, and senior law officers portends a significant evolution in legal practice. 1. Shift in Skillset: Lawyers will increasingly need to master the art of collaborative negotiation and mediation advocacy, moving beyond purely adversarial tactics. 2. Rise of Specialist Mediators: The demand for accredited mediators with expertise in niche commercial areas will grow, creating a new professional track for legal experts. 3. Economic Viability: As mediation becomes institutionalized and its commercial benefits—such as preserving business relationships and saving time and costs—are recognized, it will evolve into a lucrative practice area. 4. Judicial Case Management: Courts are likely to become more proactive in referring matters to mediation at early stages, changing the lifecycle of a typical dispute.

The message is clear: India is at a crossroads where the path of conflict-driven litigation is being seriously questioned. In its place, a framework centered on consensus, collaboration, and commercial pragmatism is being built, promising not just to clear dockets but to deliver a more profound and sustainable form of justice for all.