Supreme Court judge Justice B.V. Nagarathna on Tuesday stressed the urgent need for a transformation in the government’s approach to mediation, calling it essential for easing India’s mounting judicial burden and ensuring more efficient conflict resolution under the Mediation Act, 2023.

Speaking at the National Mediation Conference 2025 in Bhubaneswar, Justice Nagarathna urged government authorities to adopt mediation with trust and commitment, instead of clinging to prolonged litigation.

Need for mindset shift

“If a government body continues to pursue litigation where there is no likelihood of success, merely to exhaust all judicial avenues, it results in a significant waste of public resources and judicial time,” she cautioned.

Justice Nagarathna warned that skepticism toward mediation—especially in cases involving government bodies and private contractors—could derail efforts to institutionalize the process. “If a mediation decree between a government body and a contractor is viewed with suspicion by higher officials or their successors in office, then the entire project of promoting mediation between state authorities and private entities will fail to gain ground,” she said.

Policy reforms urged

She called for both national and state litigation policies to place greater emphasis on mediation, with clear guidelines on when governments should or should not contest outcomes. Such measures, she noted, would establish mediation as a reliable and effective alternative to litigation, particularly in disputes involving public authorities.

The judge also emphasized the responsibility of lawyers to act as “healers of human conflict” by promoting faster, cost-effective, and less stressful forms of resolution. “Mediation is a new dimension not only to achieve justice but also to ensure access to justice. It embraces the philosophy of democracy,” she remarked.

Wider adoption under the Mediation Act 2023

Justice Nagarathna underscored the judiciary’s role in promoting mediation following the enactment of the Mediation Act, 2023. “We in the judiciary can no longer remain in the past. Now that Parliament has enacted the 2023 Act, it becomes our duty not to meet it with skepticism but to fulfill the legislature’s intent by realising the true role of the judiciary.”

She also highlighted the importance of raising public awareness: “What is required is a complete change in mindset. Litigants must be made aware of the benefits of mediation, rather than waiting endlessly for justice through conventional litigation.”

Justice Aravind Kumar on ground realities

Also addressing the session, Justice Aravind Kumar recalled his time as Assistant Solicitor General at the Karnataka High Court, when a government settlement with landowners stalled because a secretary feared personal repercussions for signing it. “This is the basic mindset in the majority of state litigation officers,” he said.

With nearly 46.78% of pending litigation across courts involving government entities, Justice Kumar underlined the urgency of shifting towards mediation as a practical dispute resolution tool.

National Mediation Conference 2025

The conference brought together judges, legal professionals, policymakers, and stakeholders to chart strategies for mainstreaming mediation in India’s justice system, in step with new legislation and growing public demand for faster and fairer resolutions.