CJI Surya Kant, at the International ADR Conference, lauded the Mediation Act 2023 as India's first standalone law for mediation, which he said transforms the legal landscape and positions India as a potential global hub for mediation.
Chief Justice of India (CJI) 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.
Pre-Litigation Mediation a Precursor
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.
India as a Global Mediation Hub
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)
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