CJI Surya Kant Stresses Building a 'Mediation Culture' for Amicable Dispute Resolution
Chief Justice of India (CJI) Surya Kant, at an event in Andhra Pradesh, called for the building of a "mediation culture" in India — urging litigants, lawyers, and courts to proactively consider mediation as the first resort for resolving disputes rather than litigation.
The CJI noted that mediation is "gaining greater acceptance as an effective tool for dispute resolution" and now has explicit statutory backing through the Mediation Act 2023.
Chief Minister N. Chandrababu Naidu, also present at the event, urged the CJI to consider establishing the National Judicial Academy (NJA) at Amaravati — Andhra Pradesh's planned new capital.
The push for mediation culture comes against the backdrop of India's extreme judicial pendency crisis — over 54 million cases pending across all levels of the judiciary as of January 2026.
The CJI's emphasis aligns with a broader judicial and government strategy to reduce pendency through Alternative Dispute Resolution (ADR) mechanisms, which can resolve disputes faster, cheaper, and with more durable outcomes than adversarial litigation.
Mediation Act 2023: India's First Dedicated Mediation Legislation
The Mediation Act 2023 (Act No. 32 of 2023, assented to on 14 September 2023) is India's first comprehensive standalone law governing mediation. It creates a structured, enforceable, and nationally standardized mediation ecosystem and replaces scattered mediation provisions in earlier laws.
CJI Surya Kant's reference to mediation having "statutory backup" directly invokes the Mediation Act 2023 — highlighting that the cultural shift he is calling for now has the legal infrastructure to support it.
Alternative Dispute Resolution (ADR) in India: Types and Constitutional Basis
ADR encompasses various methods of resolving disputes outside traditional courts. India has a rich constitutional and legislative framework supporting ADR, with roots in both pre-independence panchayat traditions and modern commercial arbitration.
Key Details
- Constitutional basis: Article 39A (DPSP) mandates free legal aid and equal justice; Article 21 (right to life) has been interpreted by the Supreme Court to include the right to speedy justice.
- Four main types of ADR in India:
- Arbitration: Adjudicatory, quasi-judicial; binding award; governed by Arbitration and Conciliation Act 1996 (amended 2015, 2019, 2021).
- Conciliation: Facilitative; conciliator actively proposes solutions; also governed by Arbitration and Conciliation Act 1996 (Part III).
- Mediation: Facilitative; mediator helps parties reach their own solution; now governed by Mediation Act 2023.
- Lok Adalat: India-specific; adjudicatory-conciliatory hybrid; governed by Legal Services Authorities Act 1987.
- Permanent Lok Adalats: Established for Public Utility Services (transport, insurance, telecom); can pass awards even without parties' consent in some matters.
- Commercial Courts Act 2015: Mandates pre-institution mediation for commercial disputes above a specified value — a statutory attempt to reduce commercial case pendency in High Courts and district courts.
The CJI's call for mediation culture situates mediation within India's broader ADR ecosystem, where Lok Adalats and arbitration have existed for decades but mediation is the newest and most internationally aligned mechanism.
Lok Adalat: Legal Services Authorities Act 1987 and NALSA
Lok Adalat ("People's Court") is India's most distinctive ADR mechanism, rooted in Gandhian principles of conciliation. It provides a fast, free, and final dispute resolution avenue with no appeal available against Lok Adalat awards.
Lok Adalats represent the existing ADR infrastructure that the mediation culture push seeks to complement. The CJI's call for a cultural shift means building an awareness that disputes can be resolved amicably before reaching even the Lok Adalat stage — through early voluntary mediation.
- India's judicial pendency: 54 million+ cases pending across all courts as of January 2026.
- Supreme Court: 92,101 pending cases (December 2025) — 11.4% jump in two years.
- High Courts: 63.66 lakh pending cases (December 2025).
- District Courts: 4.76 crore pending cases (December 2025).
- India has ~15 judges per 10 lakh population vs. Law Commission's recommended 50.
- Judge vacancies: 5,665 vacant positions across all court levels.
- Mediation Act 2023: Assented September 14, 2023; establishes Mediation Council of India; MSA enforceable as court decree.
- Mediation time limit: 180 days (extendable by 180 days); faster than commercial litigation (avg. 3-5 years for district courts).
- Lok Adalat awards: Deemed civil court decrees; no appeal; no court fee.
- NALSA: Established under Legal Services Authorities Act 1987; coordinates National Lok Adalats.
- Singapore Convention on Mediation: India is a signatory — international commercial mediation settlements enforceable across borders.
- Commercial Courts Act 2015: Pre-institution mediation mandatory for commercial disputes — statutory push complementing the Mediation Act 2023.
- National Judicial Academy (NJA): Currently located in Bhopal, Madhya Pradesh — AP has proposed Amaravati as an alternative site.