The role of mediation in resolving commercial disputes has become both mandatory and scientifically structured, Supreme Court Judge Justice J.K. Maheshwari said on Friday, underlining its growing importance in India’s legal ecosystem.
Justice Maheshwari was speaking as the chief guest at the Global Mediation Conference held at the Constitution Club of India, New Delhi, organised by the UK-based dispute resolution firm Risolvify. Addressing a gathering of legal professionals, mediators, and policy experts, he emphasised that mediation should no longer be viewed merely as an alternative process but as a robust science of conflict resolution.
Mediation rooted in Indian tradition
Explaining the deep cultural roots of mediation in India, Justice Maheshwari referred to examples from Indian epics. He recalled how in the Treta Yuga, Jambavan advised Lord Ram to attempt peace through dialogue, leading to Angad being sent as a messenger to Ravana’s court. Similarly, in the Dwapar Yuga, Lord Krishna attempted to prevent the Mahabharata war by acting as a mediator between the Kauravas and the Pandavas.
However, Justice Maheshwari noted that mediation failed in these instances due to lack of perceived neutrality, as the mediator was seen as aligned with one side. He stressed that credibility, neutrality, and trust remain the backbone of successful mediation even in modern times.
Commercial disputes and judicial efficiency
Justice Maheshwari highlighted that mediation has now been made mandatory in commercial disputes, reflecting the judiciary’s intent to promote faster and more amicable settlements. He said that court-backed mediation not only reduces litigation costs but also preserves business relationships, which are often irreparably damaged by prolonged court battles.
“Mediation reduces hostility, saves time, and helps parties move forward with dignity,” he remarked.
Legal fraternity backs mediation
The conference witnessed participation from several eminent personalities from the legal and social sectors, including Stuart Hanson, Pradeep Rai, Tarun Rana, Manish Gupta, and Atul Singhal.
Former Supreme Court Judge Justice (Retd.) Vineet Saran spoke about the increasing relevance of mediation in the modern legal framework, while former Supreme Court Bar Association President Adish Aggarwala stressed the need for lawyers to develop professional mediation skills.
Global platform for peaceful resolution
Conference organiser Chirag Mittal, a professional mediator based in England and founder of Risolvify, stated that the organisation aims to create a global platform for swift and harmonious dispute resolution. Speakers unanimously agreed that resolving disputes outside courtrooms would significantly reduce judicial backlog and foster healthier commercial relationships.
The conference concluded with a strong consensus that mediation is no longer optional but essential for the future of justice delivery, especially in commercial and corporate disputes.
