It is also the judges’ responsibility to create a peaceful and law-abiding society
Representatives of the judiciary, namely the bench and the bar, are often perceived as servers of justice. Delivery of justice is their sole responsibility. Last year, in a significant move, the Supreme Court of India unveiled a new statue of ‘Lady Justice’ which had its eyes no longer blindfolded, thus symbolising that the law is not blind and observes everyone equally. This human touch was a welcome change in the Indian judiciary system.
Chief Justice of India (CJI) Surya Kant, during his recent visit to Goa, said that mediation is a cause that he holds dear to his heart with deep conviction, thus indicating that those upholding the law, especially judges, are responsible not just for giving verdicts but also need to look beyond the books of law, for creating a peaceful and law-abiding society. He, while addressing the inaugural session of the Bar Council of India’s National Conference and Symposium on Mediation in the state, also gave the ‘Oath of Mediation’ to all the participants at the event.
The CJI, interacting with the participants, said that India currently has around 39,000 trained mediators, but needs over 2.5 lakh mediators to effectively implement mediation at all levels. He highlighted the success of the ‘Mediation for Nation’ campaign and described mediation as a cost-effective, win-win solution for disputes. He also said that mediation, which can reduce judicial pendency, is not a sign of the law’s weakness but its highest evolution.
In an interesting observation, CJI Surya Kant said that litigation is often the autopsy of a dead relationship and clinical exam of what went wrong. “Mediation, on the contrary, is the remedial surgery that seeks to preserve the living pulse of a connection,” he added, pointing out, “To truly grasp the significance of mediation in our present context, we might look at a piece of local wisdom.” The CJI further said that the success of mediation lies in the mediator’s ability to speak not only the local or regional language but also the dialect, expressions and cultural idiom of the person for whom the mediation is being conducted.
Earlier, to prove his point, the CJI took part in a symbolic walk for ‘Mediation Awareness’. He also said, “If people sensitise themselves, they become conscious of the fact that mediation is a successful tool, (and) this will lead to good results, and this has actually happened,” further noting, “We were able to persuade our high courts, (and) we were able to persuade district courts to identify certain matters which can be sent for mediation.” The CJI mentioned that when litigants approach courts, they should find multiple pathways – mediation, arbitration, and ultimately litigation – each tailored to their specific grievance.
Mediators in court cases, who form the neutral third parties facilitating communication between disputing parties to help them reach a mutually agreeable settlement – rather than imposing a decision like a judge – find their roots in the elders from villages and communities. These ‘wisemen’ leveraged their wisdom, experience and respected status to resolve disputes through discussion and consensus.
Judges like Justice Frank Caprio, the popular American judge known for his compassionate handling of cases, have brought dignity to the judiciary. CJI Surya Kant’s backing for settling the court cases through mediation is a welcome decision. This would not only reduce the rising backlog of the court cases but also offer quick amicable solutions to litigants.
