Confronted with a heavy judicial backlog across trial courts and high courts, India’s legal ecosystem is executing a structural transformation. Mediation is no longer treated as a voluntary, informal pre-trial alternative, but as an institutionalized, legally binding pillar of civil justice delivery. As Hon’ble Chief Justice of India Surya Kant noted, mediation must evolve from a peripheral option into a core element of global dispute resolution architecture, bridging the gap between rigid statutory adjudication and sustainable peace.
“Peace is not the absence of law. Peace is one of law’s finest achievements.”
~Justice Surya Kant, Hon’ble Chief Justice of India
To reduce case pendency through active judicial screening rather than relying on post-filing opt-ins, the Supreme Court of India instituted “Samadhan Samaroh” under the leadership of Justice Surya Kant. The project stands for Supreme Court Action for Mediated Adjudication and Disputes Harmonization across Nation.
During the Supreme Court's dedicated three-day drive held from August 21 to August 23, 2026, the Apex Court deployed targeted infrastructure to resolve long-pending dockets.
| DATE | CASES LISTED | CASES SETTLED/DISPOSED |
|---|---|---|
| 21 August 2026 | 588 | 402 |
| 22 August 2026 | 1159 | 350 |
| 23 August 2026 | 1538 | 912 |
| Total | 3285 | 1664 |
(48 Cases were solved through mediation which takes the total cases disposed to 1712)
The drive targeted key case classifications, including commercial contracts, property tax, land acquisition, Banking and Negotiable Instruments Act disputes, Motor Accident Claims, service laws and matrimonial matters. The Supreme Court established a dedicated One Stop Centre and digital workflows connecting Advocates-on-Record with State Legal Services Authorities across all states.
“What was once confined to the courtyard of the family has found its way into the boardroom.”
~Justice Surya Kant, Hon’ble Chief Justice of India
Inaugurating the Commonwealth Peace Mediation Conference, Justice Surya Kant redefined mediation as a process of restoring relationships rather than merely terminating litigation. He observed that peace is not the absence of law, but one of law's finest achievements.
“That, to my mind, is the truest test of any peace. Not whether the paperwork is signed, but whether the neighbours can still share a cup of tea the next morning.”
~Justice Surya Kant, Hon’ble Chief Justice of India
Using the orange allegory, where two disputants fight over a single orange when one needs the peel for baking and the other wants the juice, Justice Surya Kant emphasized that court adjudication splits legal positions down the middle. Mediation uncovers underlying operational, commercial or personal needs, delivering customized outcomes that standard trial decrees cannot enforce.
“Litigation is built to adjudicate positions. It, asks who owns the orange, and answers with a verdict, a half each, an injunction, a decree. Mediation, on the other hand, poses an altogether different question. It asks what each party truly needs.”
~Justice Surya Kant, Hon’ble Chief Justice of India
Drawing a parallel to traditional Indian Panchayats, which he described as mediation before the word became fashionable; Hon’ble Chief Justice highlighted that whether resolving local property boundary disputes or international corporate conflicts, preserving ongoing relationships is the true benchmark of effective dispute resolution.
“Long before mediation acquired a statute or was taught by a training manual, it was already our inheritance, carried in scripture, in statecraft and in the conscience of some of our finest advocates.”
~Justice Surya Kant, Hon’ble Chief Justice of India
Justice Surya Kant highlighted key judicial developments that have shaped India's mediation jurisprudence.
“The Rule of Law is measured not only by judgments but by access to justice.”
~Justice Surya Kant, Hon’ble Chief Justice of India
“The Rule of Law does not demand that every grievance be adjudicated; it demands only that every citizen enjoy timely, accessible and dignified recourse to justice.”
~Justice Surya Kant, Hon’ble Chief Justice of India
According to him, justice cannot be measured merely by the number of judgments delivered or cases disposed of. It must also be assessed by whether citizens possess meaningful opportunities to resolve disputes without unnecessary delay, expense or hostility.
“Online Mediation may not be left entirely to AI-based software. They may carry a human voice but won’t be able to display human empathy and apology.”
~Justice Surya Kant, Hon’ble Chief Justice of India
Addressing technological integration, Justice Surya Kant cautioned against assuming that technological progress translates directly into dispute resolution progress. While artificial intelligence tools improve document triage, case filing and procedural efficiency, online mediation must not be left entirely to AI-based software. They may carry a human voice, but they lack human empathy, moral intuition and the ability to offer a genuine apology.
“Technology should assist mediation not replace mediators.”
~Justice Surya Kant, Hon’ble Chief Justice of India
The Central Government officially notified the creation of the Mediation Council of India under Section 31 of the Mediation Act, headquartered in New Delhi. The regulator oversees professional standards, accredits training institutes and registers mediators across the country.
At the Commonwealth Peace Mediation Conference, Justice Surya Kant also referred to the nationwide “Mediation for the Nation” campaign undertaken jointly by the MCPC and the National Legal Services Authority, under which lakhs of pending cases across trial courts, district courts and High Courts have been identified for possible resolution through mediation.
Looking ahead, he highlighted the forthcoming “Samadhan Samaroh”, proposed under the aegis of the Supreme Court in collaboration with the Supreme Court Bar Association (SCBA), Supreme Court Advocates-on-Record Association (SCAORA), High Courts and Legal Services Authorities, as an important initiative aimed at resolving even Supreme Court matters through consensual settlement wherever appropriate.
Under the Mediation Act, a signed Mediated Settlement Agreement no longer functions as a simple private contract that requires a separate lawsuit if breached. A registered Mediated Settlement Agreement carries direct statutory enforceability equivalent to a binding court decree or judicial judgment.
For international trade and investment disputes involving Indian and global firms, enforcement relies on the United Nations Convention on International Settlement Agreements Resulting from Mediation, commonly known as the Singapore Convention on Mediation.
Functioning as the mediation counterpart to the 1958 New York Convention for international arbitration, the Singapore Convention enables commercial parties to enforce international mediated settlements directly before foreign courts in signatory states, eliminating the burden of re-litigating contract breaches across multiple jurisdictions.
The transformation of mediation from an optional pre-trial recommendation into a core legal framework represents a structural shift in civil justice. As articulated by Chief Justice Surya Kant at the Commonwealth Peace Mediation Conference, true justice is measured not by the density of court judgments, but by the strength of durable resolutions.
“The court gives us certainty, precedent and the final word when all else fails. Mediation gives us the space to write our own ending before the last word ever needs to be spoken.”
~Justice Surya Kant, Hon’ble Chief Justice of India